
Oass 
Book 



COPYRIGHT DEPOSIT 



SHERIFFS 



OIF- 



ONEIDA COUNTY, 



:B~sr- 



ISAAC P. BIELBY. 



1890. 



SHERIFFS 



-OIF- 



ONEIDA COUNTY, 



-:Bsr- 



ISAAC P: BIELBY. 



-r^—^Q^y Right <:^ 
AUG 271890^ 



1890. 



UTICA, N. Y.: 
P. E. Kelly, Book and Job Pbintet*, «^or. Broad and John Strkkts. 



•^»"/3r 



I HE office of Sheriff has descended 
I to us from bygone days. Some 
i historians with great show of prob- 
able truth, have placed its origin in 
the proconsel of the ancient Romans; 
others have endeavored to trace it to 
corresponding positions under patriarchs, 
emperors and kings. But whatever may 
be the fact, it is the same now as it 
was a thousand years ago in the reign of 
A.lfred the Great. He brought from out 
the chaos of Anglian governmental ma- 
chinery, a tangible division of his King- 
dom into Sceyres or Earldoms, now called 
counties or shires. The government of these 
shires was entrusted to an Earl or Comes. 
The Shire Keeper was the same as our 
Sheriff. He was appointed and ordained 
by the King as Keeper of the Peace and 
Governor of the Shire. His power was 
very great; te executed the King's com- 
mands and ruled with authority of his 
own. In many cases he was an arbitary 
tyrant, having the discretionary powers of 
Judge, Jury and Executioner. In due 
time came the Magna Charter of John, an 
enactment memorable for its construction 
and frequent violation. It was constantly 
and continually being confirmed and re- 
confirmed until in 1216, Henry III, then 
a minor, had it revised and re enacted. It 
wae duly confirmed by the Earl of Pem- 
broke and Papal Nuncio. When the 
King attained his majority it was again 
reconfirmed in the form in which it ap- 
pears on our law books. This act modi 
fies the judicial authority. The statute of 
Edward I, gave the people the right to 
elect their own Sheriffs, but the officers 
used their power to secure are-election and 
so abused their trust, that the people asked 
that the law be repealed. Edward II 
caused the constitution to be so amended 
as to give the nominating power to the 
Judges of the courts. No person was al- 
lowed to take the appointment unless he 
had sufficient land and property to answer 
to the King and the people During the 
following reign it was enacted that no 
person should hold the office more than 
one year. Under Richard III it was de 
Glared chat no man who had served should 
be chosen again within three years. This 



was enforced by Henry VI by an act to 
secure its observance. Large penalties 
were imposed for any violation, one half 
going to the King and the remainder to the 
informer. By another act in the same 
reign. Sheriffs were allowed to take bail 
and appoint constables or bailiffs to attend 
the courts in their shires. At this time, 
the Sheriff received no salary, or fees. The 
office was honorary and soon became oner- 
ous and burdensome. He was not a creature 
of the crown, but of the Courts. Later he 
was again made the King's representative 
in the county and his power enlarged. 
The bailiffs or constables were under him 
as keepers of the town. Ten families of 
freeholders constituted a town or tithing, 
ten of these towns constituted a hundred, 
which was placed under the government 
of a high constable or bailiff, who, in 
ancient days, presided in the hundreds 
court. An indefinite number of the hun- 
dreds made up a shire or county. Under 
his combined judicial and executive au- 
thority, the Sheriff could both arrest and 
try offenders. He stood under the com- 
mission of the King, the arbitrary ruler of 
the shire. At his command the people 
must obey under the penalty of fine and 
imprisonment. 

By statute of Henry IV if any riot or 
unlawful assembly or rout of people was 
made against the law within the Kingdom, 
whether in the presence of some justice or 
othei'wise, the justices of the peace not less 
than two in number, and three as a quorum, 
and the Sheriff or Under Sheriff of the 
county, were enjoined to come with the 
power of the county and arrest them. 
They were also required to make a record 
of all that was done and in their discretion 
the offenders could be convicted. The 
power of the county or possee comitatus 
was regulated by statute of Henry VI by 
which it was enacted that the Kings' iiege 
people, except women, infants under fif- 
teen years, persons decrepit and clergymen, 
being sufficient to travel, shall be assistants 
to the justice upon reasonable warning to 
ricle with them in aid to resist riots and 
punish the offenders. They were also 
authorized to take with them such 
weapons as should be ncccesay to over- 
come and secure their prisoners. Beating, 
wounding and even killing was justified 
under this law. The sheriff must be a 
man of 31 years, fair education, sound 



mind and good judgment This is the 
way the law stood in England in the 
colonial days of American settlement. 

COLONIAL DATS. 

In the early colonial days of the Empire 
State the Dutch "West India Company" 
had control of the laws. Under their 
charter the old Dutch patroon system pre- 
vailed. They had by-laws and ordinances 
of their own. The powers of the Patroon 
were strictly defined by these laws in New 
Amsterdam. They made him the repre- 
sentative of the Governor and most influ- 
ential officer in the city. His powers were 
even greater than under the English sys- 
tem. When the city and State fell into the 
hands of the Britons the laws of England 
went into effect. This was about the year 
1665 Alfred Anthony being the firsi 
Sheriff. In this case the people were al- 
lowed to nominate, but afterwards the 
Sheriffs were appointed by the Governor. 
This continued up to the time of the revo- 
lution. After the independence of the 
States was declared and the constitution 
of 1777 adopted, they were appointed for 
one year. The first one appointed for the 
territory including Oneida county, was 
William Colbrath. He was Sheriff of 
Herkimer county when Oneida county was 
organized in 1798. The Clerk of Herki 
mer county at that time <"as Jonas Piatt 
who resided at Whitestown in what is now 
the village of Whitesboro, Oneida county. 
This probably accounts for the fact that 
the old records of deeds and mortgages 
recorded in Herkimer county from its 
organization in 1791 to 1798 are in 
Oneida County Clerk's office. It was for- 
tunate they were left here as the Herkimer 
County Clerk's office was destroyed by tire 
in 1804. There are very valuable records 
in all counties west of Schenectady, in 
matters pertaining to especially soldiers' 
rights. 

ONEIDA COUNTY. 

Oneida county was organized in 1798. 
At that time there were only three sessions 
of the County Court or Court of Common 
Pleas and General Sessions held within its 
limits. The circuit of the Supreme Court 
and Court of Oyer and Terminer was left 
to the discretion of the Judges of those 
courts. A court house and jail were to be 
built within a mile of Fort Schuyler, 
otherwise known as Fort Stauwix. at 
Rome. The first court of record was the 
Herkimer Common Pleas and General 
Sessions, held at Whitestown in the meet- 
ing house. The next was held at New 
Hartford in a barn. At this time William 



Colbrath was Sheriff, There were six in- 
dictments found for assault and battery, at 
these courts, but little other business was 
done. Thus began the judicial history of 
Oneida county and its Saeriffs. After this 
all courts were held alternately at Whites- 
town and Rome. The first circuit of the 
Supreme Court and Court of Oyer and 
Terminer was held at the school house 
near Fort Stanwix, June 5, 1798. At this 
court the Hon. James Kent presided with 
the County Judge and Justices fot the 
session. 

THE FIRST MURDER TRIAL. 

At this term of court occurred the trial 
of Sylvia Wood, alias Brown, for murder. 
Sylvia was charged with shooting her hus- 
band while intoxicated, on their return 
from the general election held at the vil- 
lage of New Hartford. They lived south- 
west of the village near Augusta. As I 
write there lies befor me aphamplet giving 
the proceedings of this unnatural case. It 
was published at the time by the Whites- 
town Oazette. From this sketch of her 
life I learn that Sylvia was an unfortunate 
and wayward woman. The vice of intem- 
perance had wrecked and ruined her, and 
she was now almost friendless and alone. 
She was convicted and committed to Her- 
kimer county jail to await her sentence. 
After sentence she was remanded to jail for 
execution. On the morning fixed for the 
hanging she was found dead in her cell. 
She had hanged herself to evade the death 
penalty. Her body was cut down and 
given to the surgeons to further the devel- 
opment of medical science. Thus the gal 
lows was cheated, but rum and surgery 
had its victim. Before her death poor 
Sylvia called down the vengence of heav- 
en upon her destroyers and the doctors 
who should mutilate her body. This so 
anoyed the surgeon at New Hartford, who 
did the cutting, that it became one of the 
unhappy recollections of his life. It is un- 
pleasant to recall these lessons of intem- 
perance in the early history of Oneida 
county. This was the most important 
event in the term of Sheriff Colbrath. 

ELIZUR MOSELEY. 

January 1, 1799. Elizur Moseley was 
appointed by the Governor to take the 
place of Sheriff Colbrath. He at once 
qualified and entered upon the discharge 
of his official duties. His term was an un- 
eventful one, nothing occurring outside of 
his ordinary official business to attract 
public attention. The courts met and 
adjourned, after trying a few cases, 



principally for assault and battery. 
Mosley was a resident of Whitestown and 
a noble, public spirited citizen. There are 
many things in the files of the old Gazette 
that commend him for his generosity and 
the faithful performance of his duty. 

CHA.KLES C BRODHEAD. 

In 1800 Chs.rles C. Brodhead, of Whites- 
boro, was commissioned by Governor Jay 
under the amended constitution to serve 
three years After entering upon the dis- 
charge of his duties he removed to Utica 
and became prominent in its busines cir- 
cles. He was one of the great men among 
the early settlers. The records on file in 
all the offices of the different counties at- 
test his scholarship and accuracy as a 
surveyor. He belonged to a family of il- 
lustrious names. David Brodhead grand- 
father of the Sheriff, was commissioned a 
royal superintendent of Indian affairs by 
the King of England. His father, Charles 
Broadhead, was an officer in the British 
army. He was with General Broadock at 
the time of his memorable defeat by the 
French and Indians in ambuscade. Dur- 
ing the revolutionary war he favored the 
colonies, but refused to violate the oath 
he had taken on entering the service of the 
British Government. His brothers all 
served with distinction under Washington, 
and in the House of Congress. The subject 
of our sketch served in the Surveyor-Gen- 
eral's office of the State and made the pre- 
liminary surveys for the Erie canal. At the 
time of his appointment he was regarded 
as a leader among men. His term as 
Sheriff was an eventful one ard would have 
baffitid the genius and skill of a man of 
less ability. Intemperance did a fearful 
work among the Indians and many riots 
occurred. But Brodhead's experience 
with them and knowledge of their lan- 
guage, gave him an iniiuence and power 
that few other men possessed. At the 
Court of Oyer and Terminer held at the 
school house near Fort Stanwix, June 21, 
1801, George Peters, a Montauk Indian, 
was tried for murder and was convicted. 
George killed his wife in a fit of anger 
while intoxicated, Feburary 24, 1800, near 
the village of Rome. He was executed by 
Sheriff Brodhead on the hills west of 
Whitesboro, August 28, 1801. This was 
the first legal execution in Oneida county. 
Crime was now rapidly increasing and it 
became necessary to at once complete the 
jail at Whitesboro. The records of the 
General sessions held at Rome in 1802, 
give his report of its completion. He now 
turned his attention towards enforcing the 



law against selling liquor to Indians. At 
Ihe General Session in May, 1803, several 
indictments were found. The most notor- 
ious offender was Stephen Page, who was 
convicted and fined $20 penalty and $10 
costs. Other cases were disposed of in a 
similar way. Brodhead was one of the 
best Sheriffs in the Empire State. 

JAMES S. KIPP. 

The general election in 1803 was very 
spirited and exciting. The contest be- 
tween Thomas Jefferson, Democrat, and 
Alexander Hamilton, Federalist, for Pres- 
ident of the United States, was something 
like the contests of more modern times. 
George Clinton was elected Governor of 
the State of NewYork on the ticket with 
Jefferson. Oneida county had been strong- 
ly Federal, but the loss of territory in the 
St. Lawrence region made it very close. 
A great Democratic celebrgJ;ion was now 
held at Whitesboro, Oneida county. 
Prominent among those present was the 
young Democratic leader, James S. Kipp. 
Governor Clinton admired his ability and 
political promise and duly made him Sheriff 
of the county for the ensuing three years. 
Mr. Kipp was a resident of Utica and one 
of its leading citizens. He owned at this 
time a large portion of the land covered by 
the Second, Third and Eleventh Wards. 
He ciommenced in Utica as a business man, 
but soon became ambitious to shine in 
other spheres. His first public office 
seems to have been in a military capacity 
as inspector of militia, with the rank of 
Major His next, that of Sheriff, which 
he held by repeated appointment for nine 
years. He was one of the first Board of 
Directors of the Utica Bank, and in 1812, 
a Presidential electors. His first residence 
was on Main street, but he afterwards 
built an elegant mansion on the westerly 
side of Broadway. It was surrounded by 
handsome parks and beautiful parade 
grounds for military reviews. These were 
impaired and finally rendered useless by 
the construction of the Erie canal. He 
was truly a representative man of the 
county and the State. Generous almost to 
a fault, the impress of his noble character 
shines forth in almost every work of be- 
nevolence, education and Christian ad- 
vancement. As a Christian gentleman he 
was loved and honored by all who knew 
him. One of the places nearest to his 
heart was Hamilton College. He was one 
of its charter trustees and gloried in its 
work of culture, learning and refinement. 
During his three terms as Sheriff, many 
sad and trying things occurred to test his 



kind and benevolent spirit. Amona: them 
was the killing of Nathan Allen while 
hunting, near Augusta. The murderer 
was a drunken, revengeful Indian. An- 
other was the great Indian riot at Oriskany 
in which several Indians were killed. But 
the saddest of all was the Halleck tragedy 
at Westmoreland. Betsey Halleck, who 
was once a kind and indulgent mother, in 
a fit of insanity slew her four daughters 
and then took her own life. Before per- 
forming this aivful deed she prepared 
shrouds for each and neatly laid them 
away for her victims. The real cause of 
her trouble remains a mystery, but those 
who knew her best thought it a religious 
delusion. She sought to remove herself 
and children from the sorrow and troubles 
of a cold and selfish world. The great 
trouble in Kipp's first term was caused by 
illegal sale of liquor. The law was now such 
that Sheriffs were appointed for one year 
or during the pleasure of the Governor. 

BENAJAH MERRILL. 

On the staff of Sheriff Kipp was Bena- 
jah Merrill, of New Hartford. He was a 
good auctioneer &nd a profitable man in 
the ofiice. When the State administration 
changed in 1807, he was appointed Sheriff 
and served one year. He then yielded the 
office to Kipp. Kipp now again served 
two years. Merrill had removed to Utica 
and resided on Hotel street. In 1810 he 
was again appointed Sheriff and served 
one year and then agrin yielded to Kipp. 
, Nothing of any great moment seems to 
have transpired while Merrill was Sheriff. 
He was a very stirring and earnest man in 
business but not as successful as he was de- 
serving. He was an adroit politician and 
popular with the people. Kipp now served 
until 1815 — four year^. This is what was 
then known in the Sheriff's ofiice as the 
war period. There were several Indian 
riots and the great military riot under 
General Oliver Collins. During the war 
of 1812 Utica was a great central camping 
ground. 

THE GREAT COURT MARTIAL. 

When the militia were summoned to the 
front in the war of 1812, many refused to 
go, some from fear and others from convic- 
tion of what they thought right. Many 
others deserted and ran away from their 
commands at Sackett's Harbor. After the 
excitement was over General Collins or- 
dered a general court martial at Utica. A 
fearful riot occurred and The power of the 
county was required to prevent ser- 
ious disorder and bloodshed. This 
brought the Sheriff in charge as the Chief 



Executive officer of the county. Finally 
the court was organized and conducted at 
the New England House kept by Major 
John Bellinger. The prisoners were duly 
tried and convicted. The sentences varied 
according to the enormity of the offense. 
When the judgment was about to be car- 
ried into effect, a-other large crowd as- 
sembled and offered resistence. The loyal 
element of the military was now called out 
and General Collins, who was in command, 
ordered them to load and if necessary tire. 
The mob seeing that the Sheriff and Gen- 
eral meant business gave way and dis- 
persed. The culprits were then drummed 
out of town under guard as far as Deerfield 
Corners. While the United States Arsenal 
was being built by the Government at 
Rome, several similar disturbances broke 
out calling for prompt and decisive action 
on the part of the Sheriff. Kipp being 
both a military man and model officer, was 
always equal to the task, and great respon- 
sponsibility of the Sheriff's office. 



APOLLOS COOPER. 

ApoUos Cooper, another of Utlca's pio- 
neers and most distinguished citizens, was 
appointed to succeed James S. Kipp in 
1815. He was a carpenter, designer and 
architect. His residence was on Whites- 
boro street. The substantial Mohawk 
river bridge was the work of his skill, 
also the plans for Hamilton Academy, n 'W 
Hamilton College. For several terms he 
represented the county in the Legislature, 
and was also one of its Judges. Having 
located in the county in his younger days 
he secured a large acquaintance and faith- 
ful followmg, If there were any differ- 
ences in the community he was sought as 
an honest and fearless arbiter. Self-re- 
liant and outspoken he was positive in 
his convictions and fearless in the dis- 
charge of every duty. He was in all 
things a Christian gentleman and an hon- 
orable, upright, citizen. Educated in 
public life he was well qualified for the 
office and dignity of Sheriff. He served 
four years. The first capital crime calling 
for investigation was that of John Park- 
man, killed at Westmoreland. The case 
required much skill and care. Parkman 
was shot while lying in bed with a sick 
child. He had for some time kept a dog 
that was disliked in the community and 
many had threatened to kill him, On the 
night of the murder the dog was heard to 
bark about the time Parkman was hit. 
The facts developed a case aga'nst one 
John Smith, who shot at the dog and 



killed its'master. Smith was convicted of 
manslaughter and sent to State Prison for 
a term of three years. This case was 
hardly disposed of when a row occurred 
at a general training held at Hampton be 
tween a number of drunken militiamen, 
and a young man by the name of Judson 
was shot and mortally wounded. Then 
followed the murder of Joseph Tuhi by 
John Tuhi. They were brothers and had 
been to a general training at Clinton, 
where they became intoxioated and quar- 
relled over a sum of money, In the melee 
John struck Joseph with an ax and killed 
him outright. This was May 17, 1817. 
He was indicted, tried and convicted and 
sentenced to be hanged July 25, of the 
same year. At the appointed time and 
place, at the head of John street, and per- 
haps in what is now Rutger Place he was 
duly executed. He was pinioned and pre- 

gared by Under Sheriff John B. Pease, the 
heriff sitting upon his horse near by in 
full military dress. When the services 
had concluded the Sheriff rode up to the 
scaffold and drew his broad sword, sever- 
ing the rope that held the trap and John 
Tuhi was swung into eternity. There was 
a motley, drunken crowd present but no 
serious disturbance occurred. Then came 
the mysterious drowning of William Lord 
at Fish Creek while intoxicated. Many 
mysterious drownings have taken place 
at this same place from which it derives 
the name Rum Hole. Several have been 
indicted for these offenses. These were 
terrible years of crime and public disturb- 
ances, 

BURNING OF THE ROME JAIL. 

One of the most revolting disasters in 
the history of the county, was the burn- 
ing of the Rome Jail. John Harris, John 
Denney, James O'Brien, David Linus and 
Roswell T. Pratt were indicted for murder 
and arson by reason of their efforts to de- 
stroy this place of criminal restraint. They 
were confined there as prisoners, and on 
the night of the 19th of August, 1817, set 
fire to the building. They succeeded in 
effecting their own escape, but an old man 
named Elisha flreen was suffocated and 
burned to ashes. There were a large num- 
ber of other prisoner?, badly injured and 
taken out for dead. .The culprits were at 
once captured by the Sheriff and his officers 
and indicted, tried and convicted of murder 
in the first degree. They were duly sen- 
tenced to be hanged on the second Friday 
of February. 1818. The gallows was 
erected and all things prepared for the ex- 
ecution. When the day arrived, upon the 
caffold stood the Sheriff and the con- 



demned prisoners. They were pinioned 
and their shrouds and their coffins awaited 
them. A large concourse of people stood 
as eager, anxiously awaiting witnesses. 
The first man was approaching the instru- 
ment of death. A painful silence pre- 
vailed among the almost breathless, surg- 
ing crowd below, when a messenger from 
the Governor appeared upon the stage and 
read a reprieve staying the execution and 
changing the sentence to imprisonment for 
life. He gave as a reason for his action 
newly discovered evidence showing that 
Green took part in the burniiig and was 
suffocated while engaged in the crime. 
Denney and Linus were Oneida Indians, 
confined for assault and larceny while in- 
toxicated. Thus ended one of the most 
important events in the criminal history of 
Oneida county. 

JOHN B. PEASE. 

The efficient Under Sheriff, Jobn B. 
Pease, succeeded Apollos Cooper in 1819, 
and served two years. He continued to 
conduct the office in the same manner as 
his predecessors. Perhaps no man then 
living had a more thorough knowledge of 
the duties of the office. He was a man of 
fine presence, good ability and very popu- 
lar with the people. For years he was a 
resident of Whitestown. The action of 
the Governor in commuting the sentences 
of the Rome jail fire bugs had a bad effect 
on the criminal classes. Minor crimes 
greatly increased and juries became very 
cautious in convincing in the higer de- 
grees. John, or Nathan Paul and Maria 
Bushnell were indicted for murder but 
convicted of manslaughter. A great riot 
occurred at Utica at a general celebration 
in Pease's first year, but was finally 
quelled by the posse from the Sheriff's of- 
fice. The cause of the disturbance was 
too many Indians and too much whisky. 
In 1830 a grand reception and banquet was 
given in Utica to General La Fayette, who 
honored the county with his presence. 
The Sheriff and his staff figured very 
prominently in the proceedings on this oc- 
casion. The celebration was one of the 
most successful ever held in Central New 
York. 

JOHN E. HINMAN. 

John E. Hinman, of Utica, became the 
next Sheriff of the county. He was an 
old and honored citizen, having come to 
Utica with his father from Little Falls in 
1797. His military experience through the 
various grades to Colonel of the 134th 
Regiment of New York State Militia and 
as Deputy Sheriff made him a very com- 



8 



petent man for the office. He assumed 
the duties of Sheriff in February, 1821. 
The accounts given of his conduct in 
courts show that he was very dignified in 
office and popular with tJie people. He 
served under his appointment until the of- 
fice became elective, and in November. 
1822, was elected by an overwhelming ma- 
jority to serve three years more. Affable 
in manner, shrewd in business, ambitious 
and kindhearted, he soon became one of 
the great political leaders of his time. In 
1849 he was defeated for State Senator 
and in 1850 elected Mayor of Utica, and by 
successive elections held the office three 
years. It will be remembered that this 
was during the time of the great fires and 
riots among rival companies. A man of 
less ability and experience would have 
shrunk from the task and avoided the 
great responsibility. With the Mayoralty 
ended his political career. There were 
two murder trials while he was Sheriff but 
they resulted in convictions for man- 
slaughter only. They were the sons of 
Francis Aaron and Peter B. Pringle. In 
November, 1823, the people were shocked 
by the great Indian disturbances near the 
Reservation and the wounding ol several 
of their number. The cause was land 
trespass and fire water. These were 
hardly quieted by the Sheriff when oc- 
ccurred the more shocking disturbance at 
Clinton. 

RIOT AT HAMILTON COLLEGE. 

On the heghts of a beautiful sloping 
rise of ground, twelve miles southwest of 
Utica, stands Hamilton College. It has 
been the soene of many disputes and dis- 
terbances among teachers and scholars, 
but the most astounding one of all was 
the riot of 1823. There was a tutor in the 
school who had made himself obnoxious 
to many of the students and they were 
bound to drive him out. While the of 
fensive teacher was quietly sleeping in his 
room one night, they loaded, plugged and 
sanded a cannon and fired it in a hall near 
his door. The result was that it nearly 
ruined part of the building and tore in tat- 
ters the clothing and bed of the tutor. His 
escape from instant death was almost mirac- 
lous. The evidence was taken by the 
proper authorities and the Sheriff and his 
clerk.but the matter was finally allowed to 
rest through the influence of the college 
authorities. May 9, of the following 
year, occurred the killing of David Free- 
man by Irod Morse. Both had been hunt- 
ing, Morse carrying a gun and Freeman a 
bottle of whisky. Freeman was only a 



boy about 17 years of age. Morse was a 
drunken brute and for some unknown 
cause shot and killed the boy in a fit of 
anger. He was indicted for murder in 
the first degree and promptly tried and 
convicted. The sentence fixed the hang- 
ing for December 24, 1824. His sentence 
was finally commuted to imprisonment for 
life. Drunkenness in this case was made 
an excuse for crime. Hinman was a model 
Sheriff and successful politician, being 
the recognized leader of the Democracy in 
the county. 

DAVID PIERSGN. 

The Sheriff's office seems to have been 
a great political machine from its origin 
more than a thousand years ago. Thus it 
was that Deputy David Pierson was elected 
to succeed Hiaman in the fall of 1825, and 
thus it has been many times ever since. 
Pierson, like Hinman, was a politician, 
shrewd and sagacious. Utica was his 
heaquarters. His term opened in 1826, 
with the indictment, trial and conviction 
of Cata John and John Church for mur- 
der. Like the rest of the murderers of the 
times they were reprieved and finally com- 
mitted for manslaughter. In 1827 the 
Sheriff broke up a gang of counterfeiters 
in Utica. Among them were Richard 
Mark, Peter De Long, John Prince and 
David De Long, These were all tried and 
convicted. It will be remembered that we 
only had State banks in those days. Then 
came the Utica riots and the indictnent and 
trial of two of its most prominent citizens. 

It is amusing to study the old criminal 
records in the County Clerk's Office and 
find the names of so many illustrious men 
who have in their younger days been in the 
custody of the law. I shall only mention 
those cases where they are prominent and 
recognized as such in the record. The 
misdemeanor calendar in the Court of Ses- 
sions was very large. The most exciting 
case was the jail breaking by Charles Met- 
calf at Utica. Pierson had a very quiet 
term. 

January 1, 1829, John E. Hinman again 
entered upon the duties of Sheriff for a 
term of three more years. He was now 
very wealthy and his wife had a large for- 
tune of her own. He seemed to like office 
and the fascination of political life The 
Loomis gang in Sangerfield had now com- 
menced their depredations, and Hinman 
was determined to break them up if possi- 
ble. Several indictments were found for 
assaults and grand larceny. At almost 
every court for years they figured con- 
spicuously. Complaints were made 



9 



against them for horse stealing, riot, mur- and well managed. He then made a raid 
derous assaults and unlawfully assembly, on a gang of young counterfeiters on Paris 
Abram Newbury, John C. Drummond, Hill. " It was composed of some of the 
Isaac Harrington, Every Hilland and most promising young men of the county. 
Lyman Blake were tried and convicted. They were out of the best families, well 
Then occurred the fearful riot in West- educated and discreet. Their downfall 
moreland, for which Grant Adams, Israel was greatly due to the lawlessness by 
S.Adams, John Soleis, Anson Pratt and which they were surrounded. TheLoorais 
Lelley Hutchinson were indicted and tried, gang were their near neighbors. Great 
The Sheriff then turned his atten- diligence and prudence had to be used in 
tion to another gang of counterfeiters at finding out their operations. They were 
Utica, and soon had in custody John finally caught, indicted and convicted. 
Drew, the leader of the gang. He was Hiram W. Meeker, Daniel Head. Oran 
convicted and imprisoned. A gambling Head and George Brown were all sent to 
hell at Utica was also broken up and Will- States Prison for the offense. These trials 
fam Howard, the proprietor, was convicted were among the most celebrated ever had 
and punished for the offense. It must be in the county, eminent counsel being en- 
remembered that the Sheriff, Under gaged on both sides. Great regret was 
Sheriff and a few deputies did most of the universally expressed that such talented 
business in those days. Hinman was so young men should be classed as criminals, 
interested in all the industrial enterprises But the condition of things in society de- 
of the city that he took a great pride in manded the severest punishment. In 1835 
enforcing the law. came the great slavery agitation. The first 

SAMUEL M. MOTT. Convention was held at Utica and a riot en- 

Samuel M. Mott was the next Sheriff of f'^^' , ^^^legates were driven from pillar 
the county for three years. He was at the f? P^'*, and were msulted by a noisy ma- 
time of election a popular politician. '^^^^^^ f""^' Conferences were held at 
There doesn't seem to have been much vlS?JtX^^^'^A ^^^''^- ^^nl'^^t' ^'k ^ 
done by him outside of the ordinary SL^i^rT?-^"? ?T''* S^'^'P^^' 5?" 
routine of business. His term was the be- ^^T T^^ ^''^""^^ ""^ ST^? ?i«^o°^- ^I- 
ginning of the strife for the office to make °^"^ 'l ^^^ f"*°Sed to hold a general 

money^out of it. The population ^Tw'''' ^'^^''^'' ^V* *^' F°I'''* ^°"''/ 
of the county had increased so fast that it ?^* before it convened a protest was got- 
now became a good paying office-proD- tf n up by its opponents and of the most 
ably worth from $5,000 to $8,000 per disgraceful scenes ensued that ever dark- 
year. There were several disturbances lTni*nf%r ^^^^'. -^ fiVr^'^''^^^-^- ^^! 
klong the line of the canal. Harmon Car- '^'''^ °f the patriot is filled with disgust 
pentir, Harmon Carpenter, Jr., Jonathan f? Z^ TJ ^^""K ^^°'' ^^ ^""""^ these en- 
Whaley, Professor Whaley were arrested, lig^itened days of human progress The 
tried and convicted of unlawful assembly! convention finally met at the Bleecker 
John Griffiths and James Peek were in- ^^""^^^ Presbyterian Church but was 
dieted and tried for murder. 

Rooney. Mott was more of « uuoiucoo „„„ - ,, ^ .. »t . ., ou -^ 
man than executive officer. ^^^, ^^ii ^% ^^^"^ that the Shenff and 

Erastus Willard, a Vernon farmer, sue- ^"J^^ §ii^"? were Whigs and in sym 
ceeded Mott. He was an old time Whig Pf ^^^ ^'^^ their righteous cause. More 
and bright political manager. His son, I ^^^"^ * ^^^/^ ^^i^? f.^'V^^^? ^v^* ^^^^""^ 
lawyer of Utica, acted at Under Sheriff T^ere arrested and indicted at the Decem- 
and the two did all the Sheriff's business ^"^ Sessions. The ranks of the old-lme 
in the county. The old members of the democrats and slavery advocates contained 



"ek were in '-'^'■^'^^ j. icoujucnau v^iiun.;u uuu was 

Akn Rnffh l>roken up and the participants compelled 

fa business *° adjourn to the village of Peterboro. It 



bar say they both made themselves com 
fortably rich. Their plans were well laid 
and fearlessly executed. They first cen- 
tered their fire on the Loomis gang. Most 
of them were indicted, tried and con- 
victed, George Washington Loomis being 
among the number. The courts com- 
menced their judicial decisions by impos 

ing a fine of $50 and costs. Of course the county, and especially the city of Uticay 
penalty went to the county and costs to His term was conducted in a quiet and 
the Sheriff, It was a good job however business like manner. The criminal cal- 



some of the most distinguished men of 
Utica and some of its officials They were 
orderly but their influence created the 
mob. 

GEN. LYMAN CURTISS. 

Lyman Curtiss succeeded Willard Jan- 
uary 1, 1838. He was a business man and 
greatly interested In the affairs of the 



10 



endar was loaded down with felonies and land^ not covered by our process. Hiring a 
misdemeanors. These were principally conveyance at Waterville we proceeded to 
from the city and incorporated villages, the farm. After passing through the village 
At the Oyer and Terminer, October 11, the Surveyor pointed to a high hill south 
1839, occurred the trial of Robert Miller of us and said it was on the Loomis farm, 
for murder. He was a resident of Water and the house on the north side was the 
street. In the city of Utica, and loved his residence of Plumb Loomis. In the dis- 
little brown jug, not wisely but too well, tance it looked like a sugar loaf. It was 
Barney Leddy was one of his warmest raining some and at times this hill would 
friends, and he too was fend of his liquor, be hid from view by the pouring clouds. 
They both took too much one night and It is about five miles distant from the vil- 
quarrelled over a trilling matter. Millar lage and our ride was over hills and down 
grabbed a club and slew poor Barney. He the valleys. As we neared the place 
then stripped the unfortunate victim of his the Surveyor pointed to the dark 
drunken rage of all his clothing and cedar swamp stretching from Sangerfield 
stamped them in the mud in his cellar, in Oneida county many miles into Madison 
Then taking the body he sought to burn it county. In viewing it from the outside it 
and destroy all evidence of his crime. He would seem to be impossible for any one 
was however caught in time and indicted, to find stolen horses or property secreted 
tried and convicted and sentenced to be in its midst. It is a fearfully dark, dismal 
hung on the second clay of December, swamp. We helped to survey parts of it 
1839. A respite was granted for a few for the purpose of the partition. On 
days and then he was executed in the jail reaching the farm the Surveyor, who was 
yard at Whitesboro. Many dangerous and an old resident of the town, pointed out 
corrupt manipulations now crept into the the spot where stood the old family 
politics of Oneida county. residence for years, the place of meeting 

THE LOOMIS FARM. i° secret conclave. Nothing now remains 

^, ^ . -, . 1 J 1 of the building but the blackened walls 

The notorious Loomis gang had long ^^^ ^^^^^^ ^^^j^^ j^ ^^^^^ j^ ^j^^ ^^^^ 

been growing in influence and ^ power, ^i^ere "Wash" was hanged until dead by 



They were a strong political factor for 
candidates of their lik'ng. They had 
their followers in every part of Oneida 
county. Their hiding places were among 
the mountainous hills of northern Madison 
county and the dark cedar swamp on the 
Unadilla creek. There were also dens in 



the infuriated mob a score and a half years 
ago. Near by is the limb where Plumb 
was hung and left for dead at the same 
riot. The fences and bushes have been 
cut and splintered by curiosity seekers dur- 
ing the years gone by. The house stands 



;eK. luere were aisu ^l«"^^^ ^t the junction of the road leading fro-n 
the swamps above Rome and along Oneida piy^^b's residence on the slope of the 
Lake. Some of the family yet reside m j^^^^ ^^^ ^^^ ^^^^ ^^^^ j^^^.^ ^^ Madison, 
that locahtjr. All manners of stories are ^g. ^ ^^^ ^^^^ ^^^^ ^^ ^^^ ftrm house be- 
told of the iron clad oath with which tliey ^fand proceeded to survey the farm 
bound those admitted to the secrets of the ^^^ dispossess Plumb and his tenants, 
gang. As much must necessarily be said commencing on the top of the hill with 
of their exploits and lawless deeds.it may ^^^ ^^^^^^ beneath us, we righted our com- 
be wise to give some Idea of their great ^^ and chained to the midst of the great 
Sangerfield farm consisting of severa ^^amp in the valley. Here we met Plumb 
hundred acres The author had the last ^nd several men. He was in a rage and 
legal bout with them about a year ago. 
They and their descendants are now liti- 
gating among themselves. The great farm 
is being cut up and divided under proceed- 
ings commenced by Dexter E. Pomeroy 
for his two children, who are heirs and 
legatees of a part of the estate. The only 
original leader left on the farm is Plumb, 
who was indicted lately for forcibly taking 



men. 

belched forth a war of angry words. 
When we advanced to make the arrest, in 
case of resistance they all retired. This 
was Plumb's first retreat and complete 
surrender. Afterwards he came armed 
with rifle and ax to retake part of another 
piece fo^* which he stands indicted. 

After he had retired we gave legal pos- 
session to Harry Morgan, the purchaser. 



possession of lands set apart to his nephew ^j^^ ^^^^ ^ ^^^^ ^^ overlooking the sur 

and nieces We received our papers and rounding country, was a good' place to 

as Plumb had threatened to dispose of any ^^^^^ ^^^ approach of hostile parties. It 

one setting foot on the soil of the old farm, .^ ^^.^ ^^^^ ^^^^ ^^^ Loomises were in 

we took au assistant and Surveyor with us j^^j^, .^^ ^^^ ^^^ ^^^^ ^^ Oneida 

so as to be sure and not trespass on any ^ 



11 



county very close, that they controlled its 
candidates, some times in one party and 
sometimes in another. They were well 
educated and out of one of the best New 
England families Why they became 
criminals no one can tell. The only excuse 
given is that the excitement is fascinating. 
This is the excuse of almost every crimi- 
nal. We shall speak of the events con- 
nected with this family as they occurred 
under the different Sheriffs of Oneida 
county. Other counties on the south had 
a similar experience. Their political dis- 
tinction and approaching poverty is a 
warning to all men who seek by such 
means to get notoriety, power and riches, 
and by unlawful means obtain the ob- 
noxious title of an infamous hero. 

DAVID MOULTON. 

Perhaps no man in Oneida county had a 
more extensive personal acquaintance than 
Col. Davia Moulton. He was Military 
Commander, Supervisor, Legislator and 
Sheriff'. David's life experience was varied 
and eventful, both as farmer, politician 
and business manager. Few lawyers 
could equal him in the trial of a case, few 
possessed his genius and skill. He was 
sharp and sarcastic and full of wit and 
humor. As leader of the Democracy he 
seldom failed in a canvass. His motto 
was "anything to win" and "to the victor 
belongs the spoils." At times this senti- 
ment seemed to drown his sense of public 
honor. He assumed the office and duties 
of Sheriff in the month of January, 1841. 
Socially he was a charming success, but 
as an executive a failure. He located the 
office at Rome and entered upon the dis- 
charge of his duties. For several years 
the celebrated McLeod case hi»,d occupied 
the attention of the American people, and 
for several years the United States and 
British Governments were in conflict as to 
the rights of the accused. Alexander Mc- 
Leod was indicted in Niagara county for 
burning the Steamer Caroline and murder- 
ing one of her crew at Schlosser and then 
running the boat over Niagara Falls, De- 
cember 30, 1837. He was a British sub 
ject and claimed the protection of the 
British flag. His government granted his 
request and engaged Joshua A. Spencer, 
of Utica, to defend him. Spencer was at 
the time United States District Attorney 
for Northern New York. A long con- 
troversy grew out of this as to the right of 
a commissioned officer of the government 
to defend a foreign subject where questions 
were involved that might call for a resort 
to arms. These discussions may be found 



in the State papers of Governor William 
H. Seward, President John Tyler and the 
eminent Secretary of State, Daniel Webster. 
Also in the history of the trial. They are 
voluminous and extensive. At one time 
during the proceedings General Scott was 
ordered to take command of the troops in 
this State and repel the threatened inva- 
sion. The Chief Justice of the State and 
the Attorney General were directed to ap- 
pear as Judge and prosecutor. But finally 
Mr. Spencer succeeded in getting a change 
of venue and trial in Oneida county. The 
prisoner was then removed from Lockport 
to the jail at Whitesboro. Sheriff Moul- 
ton now had the care and custody of the 
prisoner. In this case the State paid the 
expenses of the Sheriff and thirty extra 
deputies. Under the proclamation of the 
Governor a voluntary company of artillery- 
men, consisting of one hundred men, was 
organized in the county. The militia 
was put under marching orders and the 
jail was constantly guarded. The author's 
father, Captain Thomas Bielby, was in 
command of one of these companies. 
"W hitesboro was quite a military headquar- 
ters. Military officers of the United 
States Regular Army were also present. 
Spies from a Canadian band of patriots 
and squads of armed men were reported 
by the Sheriff to be prowling about the 
county, and some of them were encamped 
in the forests near Utica. 

It was also reported to the British gov- 
ernment that an armed band of men from 
the frontiers were marching to Utica to re- 
lease and murder McLeod. This com- 
pelled the Secretary of War to see that the 
prisoner was properly guarded and pro- 
tected. Finally the case came on for trial 
in the Academy at Utica before Hon. Philo 
Gridley, the County Judge and the Justices 
for the Sessions. Hon. J. L. Wood, Dis- 
trict Attorney for Niagara county, and 
Hon. Timothy Jenkins, for Oneida county, 
represented the State. Gardner and Brad- 
ley were attorneys, and Hon. Joshua A. 
Spencer counsel for the prisoner. The 
name of the man murdered on the burned 
boat was Amos Durfee. The trial lasted 
several days; thirty- three witnesses were 
sworn for the people and fourteen for the 
defense. This was Mr. Spencer's greatest 
case and won for him a great reputation in 
England. He secured an acquittal of the 
prisoner. It was a very expensive pro- 
ceeding for the State and National Gov- 
ernrnents, and at one time, when the 
British Government assumed the responsi- 
bility of the case, threatened a war with 



12 



England. This great trial and the other 
duties of the hour was a great temptation 
to Sheriff Moulton to make money. The 
affairs of the Sheriff's department became 
complicated and suspicious. Various 
complaints were made and finally charges 
preferred to the Governor. One charge 
was that he neglected his duty and re- 
vealed the finding of an indictment to a 
prisoner after a requisition had been issued. 
and for a monied consideration on a pre- 
tended settlement, and then allowed the 
prisoner to escape. For this Governor 
Seward, who issued the requisition, re- 
moved him from office. There was apparent- 
ly much questionable practice between 
Moulton and the prosecuting officer. The 
Governor removed six sheriffs and other 
officers the same year. A full record of 
the proceedings may be found in the State 
papers of William H. Seward and the 
memoirs written by his daughter. Gov. 
Seward was a great man and model Gov- 
ernor. Moulton's light as Sheriff went out 
ingloriously, and as the Governor says for 
want of moral honesty. It is but just to 
say of this able and in many respects bril- 
liant man that the electors were largely to 
blame. There was a looseness in party 
management and the corrupt use of money 
that led to these things and caused his of- 
ficial embarrassment The Loomis' and 
other gangs of corrupt men were courted 
for their numerical strength in votes. Such 
organizations should be discountenanced by 
all parties and denounced. Any candi- 
date who will cater to the low, criminal ele- 
ments to gain power will make an unsafe 
and dangerous, official. The Sheriff's of- 
fice never should fall into such hands. He 
can shield the bad and prevent their pun- 
ishment or turn them loose to plunder the 
community. He should be a capable and 
honest man, with fixed principles and a 
determination to execute all processes of 
the courts without fear or favor, yet with- 
out extortion, fraud or oppression. We 
have learned of whole counties caused to 
be bonded by bad Sheriffs catering to 
lawless, riotous persons and permitting de- 
struction of property. The value of 
property depends upon the protection 
given it by law, as well as invested labor 
or wealth. If the law is not respected and 
rigidly enforced, the products of toil and 
the savings of centuries may be swept 
away in a few hours. Aye, even insur- 
anee companies may be broken down and 
dissolved. Intelligence, honesty and in- 
tegrity are the foundation of our govern- 
ment. Moulton was once independenly 



rich, but his fortune gradually disap- 
peared, until came the great financial 
crash which swept his estate away and 
caused his ruin. 

THEODORE S. FAXTON. 

Away back in the early days of the 
nineteenth century there came to Utica a 
poor, penniless hard-working boy. His 
first employment seemed to have been upon 
the public streets. He was poor indeed 
in this world's goods, yet rich in integrity 
and sterling worth. And from the begin- 
ning he was honest and upright in all his 
dealings. Men trusted him because they 
believed in him ; they employed him for 
his fidelity to their interests and firm con- 
victions of eternal truth. On the removal 
of David Moulton, such a man was sought 
by Governor William H. Seward to fill 
the office of Sheriff of Oneida county, and 
such a man was Theodore S. Faxton. He 
was at once commissioned by the Governor 
and entered upon the discharge of his duties. 
He had been a permament resident of the 
city and village since 1812. At that time 
he was a stage driver and held the reins 
until 1817, when he commenced to engage 
in other occupations. In 1825 he con- 
sented, however, to drive six dashing 
grays when attached to the carriage that 
bore General La Fayette to the grand re- 
ception given in his honor by our loyal 
citizens. The great and noble deeds of 
this noble man are still fresh in the mem- 
ory of our people. He was ever on the 
watch to do good and advance the cause 
of science and Christian civilization He 
was one of the earnest men who devel- 
oped the great invention known as the 
magnetic telegraph. There is hardly an 
industrial enterprise in Utica but what 
bears the impress of his genius and skill. 
Her woolen and cotton mills, her Faxton 
Schools and FaxtOu Homes, Masonry, Odd 
Fellowship, the Christian churches, and 
last sleeping place of the faithful dead, 
all reveal grand evidence of his love for 
his adopted home and Christian benevo- 
lence. He was in full political sympathy 
with the great War Secretary and gloiiea 
in the achievement of his party as it 
moved forward in the full front of human 
progress and human freedom. His ap- 
pointment removed the office from Rome to 
l)tica. As Sheriff, he was a grand success. 
His term was short, but it was brilliant 
and sparkled with Christian truth and love 
of justice. With him as Sheriff, people 
honored the office, and the law was re- 
spected and obeyed. And so it is in all 
things, when good men have power, the 



13 



wicked tremble, and life and property, 
and all our sacred franchises, are secure 
and safe. 

ISKAEL S. PARKER. 

When Governor Bouck succeeded Sew- 
ard and was duly installed in the Guber- 
natorial chair, he appointed Israel S. 
Parker of Rome, to take the place of Fax- 
ton as Sheriff of Oneida county. Faxton 
had not been removed and there was not 
the slightest cause for his renaoval except 
his politics. This renewed the great po- 
litical battle between Rome and Utica, and 
it seems it has been raging ever since. 
The affairs of the office now became very 
complicated. Parker's commission was 
dated January 13, 1843. He duly quali- 
fied by filing his bonds and taking the 
oath of office. A notice of his appoint- 
ment and qualification duly certified by 
the clerk, were duly served upon Faxton 
with a demand for the possession of the of- 
fice. Then came a long and expensive 
litigation. The principal point involved 
was as to the right of the Governor to dis- 
place Faxton by appointing a successor 
without formal charges being preferred. 
The facts in the case and opinion of the 
learned Chief Justice, may be found in 
the 6th of Hill reports, at page 49 The 
court sustained the appointment. This re- 
moved the Sheriff's office back to Rome. 
No other matters of great historical sig- 
nificance occurred during Parker's term as 
Sheriff. A bitter political campaign fol- 
lowed between the rival county seats. This 
campaign resulted in the election of 
Palmer V. Kellogg, of Utica. for Slieriff 
of Oneida county for the ensuing term. 

PALMER V. KELLOGG. 

It would be hard to find in the city, 
county or State, a more successful business 
man than Palmer V. Kellogg. He was a 
man of fine presence and pleasant address. 
Few men succeeded better in the business 
world. His shrewd and ingenious schem- 
ing to foil and outwit a competitor is with- 
out parallel in mercantile enterprises. 
Hundreds living to day will remember his 
great clothing stores in Franklin Square 
and on the east side of Genesee street, be- 
low the bridge. His ambition was to suc- 
ceed iu life and make money, aod he suc- 
ceeded. He entered the political arena 
with tbe same motto and the same 
methods. In this h" succeeded once 
and then failed. With his money 
he sought to organize the saloons 
and liquor elements in his favor, thinking 
they had power to carry him through. 



Thousands of dollars were banked in this 
way and thousands of dollars were sunk 
with no return. Others delivered the 
goods that brought him votes. To enable 
his managers to carry out his designs he 
Invented what is known as the "eel skin" 
or paster. Out of this has a;rown the tissue 
paper and other ingenious devices. He 
was elected Sheriff in 1843, and in the fol- 
lowing January duly entered upon the dis- 
charge of his duties. A large share of the 
business during his uneventful term vvas 
done by deputies. Being ambitious to gain 
favor with the people he was liberal with 
his patronage and generous with his 
money. He wanted to go to Congress, but 
the lamented and honored Roscoe Conkling 
was now rapidly climbing the ladder of 
fame, and was the idol of the masses. In 
after years they were pitted against each 
other, Conkling on the regular Republican 
ticket and Kellogg on the combination. 
Conkling was elected and this blasted 
Kellogg's ambition for political favor. He 
returned to his business and prospered for 
a time in Utica and then removed to Chi- 
cago. Here he amassed a fortune and be- 
came one of its most esteemed business 
men. He lived to a good old age and died 
crowned with riches and honor. 

LESTER BARKER. 

In January, 1847, Lester Barker, the 
genial and happy drover, of Clinton, hav- 
ing been elected, duly qualified and 
assumed the responsibility of Sheriff. He 
was deservedly popular and well thought 
of by citizens. Bench and Bar. His elec- 
tion seems to have quieted, for a time, the 
jealousy between the half shire County 
seats. He retained the office at Utica. His 
election turned the office over to the Demo- 
crats. By being careful and judicious in 
selecting his subordinates, and prompt 
in the transaction of business, he acquired 
the reputation of being a cautious and 
pruden* official. His term in many re- 
spects was exciting and full of interest. 

In addition to the Court of Sessions and 
Oyer and Terminer, the Recorder's Court 
of Utica had been established with crimin- 
al jurisdiction for the city of Utica. At a 
term of this court held in August, 1847, 
Mary Runkle was indicted for murdering 
her husband, .lotin Runkle, while he was 
sleeping at their home on Corn Hill. Grand 
juries then sat in connection with the Re- 
corder's Court for the indictment of felons. 
They also sat with the Sessions, but for 
some reason they are now discontinued in 
both. There should be at least one Grand 
Jury with the Sessions in September. The 



14 



o iir terms of Oyer and Terminer are ia- 
rSufBcient for the business of the county. 
From the May to the November term is 
too long for the confinement of poor pris 
oners unable to get bail. After indict 
ment the Runkle case was at once sent to 
the Oyer and Terminer for trial. The trial 
resulted in a conviction. She w&s a des- 
perate and unscrupulous woman. Sus- 
picion and r^mor had condemned her for 
several other murders in the county. The 
proof in this case established the facts that 
she seized her husband, while he was sleep- 
ing by her side in the middle of thy night, 
and held him by the throat until dead. 
They were covered by utter darkness; 
there was no light in the room. Believing 
it tafe she called her daughter a young 
girl, about thirteen years of age, to her as- 
sistance. There was her mistake, for this 
made the fatal proof that lead to her con- 
viction. Her defense was that her husband 
died in a fit. Many stories have been told 
of her desperate deeds and attrocious 
murders prior to this. It is said that she 
killed and robbed two peddlers while they 
were asleep in her domicile at her home; 
also her two little innocent children by 
drowning them in a wash tub. She was 
finally executed by the Sheriff. Nov. 9, 
1847, at the county jail, at Whitesboro. 

No influence, rewards or threats could 
ever induce her to make a confessiion of her 
crimes 

There were several other cases, but no 
convictions for murder in the first degree. 

THE ROME COURT HOUSE BURNED 

The Court House at Rome was now des- 
troyed by fire and another structure was 
built on the same site. In rebuilding the 
walls were constructed of brick, and the 
jail cells were of lime stone. The new 
jail and present structure has since been 
built by a Committee of the Board of 
Supervisors. 

In the good old days, Sheriffs had 
charge of the erection of county buildings 
under the direction of the Courts. The 
Supervisors were then di-sinterested audi- 
tors of accounts, when duly verified and 
approved. The judges were careful in 
making their orders and prudent in creat- 
ing expense. It was business not politics. 
Now we have large and expensive com- 
mittees from the Board of Supervisors. It 
would seem to us that the Sherifl: is the 
custodian and responsible man in the prem- 
ises, and should be yet held responsible. 
When responsibility is so divided its use- 
fulness is gone. The Sheriff is bonded for 
care, prudence and discretion. His oath 



is to the same effect and Grand Juries in- 
S'T^ct his V ork under the direction of t le 
Court. The Governor holds him strictly 
to an accounting, and the people have 
their civil remedy. Sheriff Barker was a 
good officer and prudent custodian of the 
people's property, and guarded all their 
interests with a zealous care He left the 
office with the entire confidence and esteem 
of the people. 

JOHN R. JONES. 

John R. Jones, of Whitestown, succeed- 
ed Barker, January 1. 1850. He was a 
successful business man and popular poli- 
tician of his tbwn, but he does not seem to 
have fully realized the great responsibility 
and complications of the Sheriff's office. 
He soon became entangled in some very 
costly and annoying litigation, which 
caused him great embarrassment and it is 
said financial ruin. He was, however, a 
kind man and good Sheriff, and made the 
best of the conflicting condition of things. 

GREAT FIRES IN UTICA. 

These were exciting times for the Sheriff's 
office For a long time the citizens of 
Utica had been alarmed by the many and 
increasing destructive fires. Building 
after building had been swept away until 
thousands of dollars had been wiped out 
of existence, and life itself endangered in 
many cases. Something must be done and 
the Sheriff was appealed to for assistance. 
For a time it seemed as if nothing could 
stay the spread of conflagration, waste and 
ruin. Guards were appointed to ■watch 
the city while detectives were engaged in 
ferreting out the crime and finding the 
evil doers. Finally suspicion pointed to & 
band of incendaries in the rival fire com 
panies of the city. Some of them were 
the sons of wealthy men who lived in ease 
and luxury at home. Evidence rapidly 
accumulated against them until the chain 
was full and complete. Then came the in- 
dictment, arrest and tears. The rich and 
influential could not believe their boys 
guilty of such foul deeds. Chapters 
might be written on the crimes and the in- 
fluence of the jreckless on the public 
mind, the times 

When, alasl Our guardian sleeps. 
Vice claps iier hands an > virtue, weeps. 

Indictments were found against James 
J. Orcott, Sarah Duffery, Henry Newell, 
Daniel Butterfield. Horace B. Conkling 
and others. Two of them were sent to 
states prison for life, but were afterwards 
pardoned by Governor Horatio Seymour. 
Others were sent for shorter terms and 
some fled for parts unknown. The in- 



15 



dictment against Daniel Butterfleld was 
dismissed by the Court on motion of his 
counsel, but poor Horace B. Conkling in 
the minds of many, less guilty but the 
most unfortunate of them all, had to suf- 
fer the fats of the condemned on the scaf- 
fold. Easily influenced, weak and subject 
to temptation, he yielded to his folly for 
their sport and paid the penalty with his 
life. Someone had to be crucified, he was 
chosen. He was legally put to death at 
the jail in Whitesboro, November 21, 1851. 
Sheriff Jones acted wisely in all these 
things. 

OTHER CASES. 

The next important case was that of 
John Perkins, of Sangerfield, for murder. 
He was convicted of manslaughter. Then 
Cime the case of William Harlon and 
Michael O. Sullivan, but in these, also, the 
District Attorney failed to maintain the 
charge of murder in the first degree. These 
were busy days for the courts, and lively 
times for the Sheriff and his staff. The 
tide of crime was checked for a time, and 
then broke out again in all its original fury. 
Sheriff Jones did his full duty and received 
the applause and congratulations of the 
people. 

THE CAMPAIGN OF 1852. 

The political campaign of 1852 was one 
of the most interesting of any in the history 
of the Empire State. Temperance reform 
in connection with the great abolition 
movement, had become the great, over- 
shadowing issue of the day. Old inhabi- 
tants will recall with pleasure the Wash- 
ingtonian movement that swept with such 
power through the land. Others will re- 
member t!,e Sons of Temperance and the 
Knights of Jericho. But the society of 
the most historical interest was the 
Good Templars, organized in Utica 
by Rev. Wesley Bailey, Leverett E. 
(Joon, Hon. Thomas L James and 
others. It has since become the most 
prosperous temperance society in the 
known world, and has spread into every 
continent and to the islands of the sea. 
Two years later the temperance candidate, 
Myron H. Ciark, carried the State. His 
cause was championed by the rising young 
statesman, lioscoe Conkling, seconded by 
the Mon. Thomas L. James and other bril- 
liant young men. 

HUGH CROCKER. 

In this great struggle Hugh Crocker, the 
Democratic candidate for Sheriff, was 
elected, and in January, 1853, assumed the 
duties of hie office. Mr. Crocker was one 
of Utica's most active and shrewd business 



men. He was a butcher by trade, and for 
a time kept the City Market. Genial and 
pleasant in manner and accommodating 
with all his patrons, he secured a very 
large and loyal circle of friends. Though 
kind in heart yet he was decided and 
prompt in action. He was just the man 
for Sheriff in the trying times of the hour. 
Being very careful and discreet in the 
selection of his deputies, he rallied around 
him a faithful and competent band of sub- 
ordinates. No Sheriff was better fitted or 
equipped for the important work before 
him. To lead a fight against the lawless 
band that then threatened the fair name of 
Utica, required a man of sound judgment, 
a man of thought. Diplomacy, as well as 
executive ability was much needed. 

One of the first and most valuable ap- 
pointments he made was that of his brother 
and CO worker, John G. Crocker, as Attor- 
ney and counselor for the Department. 
John G., at once set to work to master the 
laws and statutes and conflicting decisions 
pertaining to the duties of Sheriff. He did 
master them and did it well. The result 
was that he not only made the most com- 
plete briefs ever used ' in our courts, but 
produced the most reliable work on 
Sheriffs then in existence. His digest of 
decisions is yet used in almost every valu- 
able work on Sheriffs, Coroners and Con- 
stables. Recent statutory enactments have 
changed the practice and made a new 
work necessary, but Crocker's work is val- 
uable still. 

THOSE FIRE BUGS AGAIN. 

After having informed himself thorough- 
ly on all the duties of the office, the new 
Sheriff at once proceeded tc rid the city of 
the remaining fire bugs. Their reckless 
and destructive burning of buildings had 
produced a reign of terror. At the April 
Oyer and Terminer, John Miller, Seymour 
George, Patrick Larkin, William McCann, 
Montiville Smith and others were indicted. 
The sentences of those convicted varied 
from, that of Miller for ten years and one 
month to five years for others Seymour 
George was acquitted. The Grand Jury 
indicted a large number of criminals at 
ihia term, among them Daniel L. Simmons 
for murder He was finally bailed by his 
counsel in the sura of |20.(')00. Hon. Ros- 
coe Conkling and Hon. Ward Hunt were 
his counsel and surety. The bond was 
forfeited at the next term of court. Then 
followed the indictment of Henry Schrader 
for murder, who was also defended by 
Conkling. Also .John Bezold. Conkling 
was the bright and rising star among the 



16 



lawyers of the county. The record 
sparkles with his brilliant achievements. 
Followinsr these murder cases, came the 
brutal drunken affray at Boonville in 
which James McCann slew James O'Brien 
with a dagger. McCann was tried and con- 
victed of murder in the first degree, and 
sentenced to be hanged December 15, 1854. 
He seems to have been reprieved by the 
Governor. 

The Loomises had now gro'^n bold and 
desperate again. Indictments were found 
against William W. , George and Grove for 
grand larceny. The Sheriff did all that 
could be done to secure their apprehension 
and punishment, but their political power 
and money stayed the iron hand of law. 

Crocker's term proved trying and event- 
ful, but was conducted with prudence and 
care. He was one of the best executive 
officers ever honored with the trust. The 
law was fearlessly enforced, and all the 
business managed with ability and success. 

CALVIN HALL. 

Calvin Hall, the brick manufacturer of 
Deerfield, succeeded Crocker in January, 
1856. He followed in the footsteps of his 
predecessor and relied upon his business 
qualifications to carry him through. His 
first capital case was that of Catherine 
Jones, who was tried for murder and con- 
victed of manslaughter and imprisoned at 
Sing Sing. Then, in quick succession, 
came that of Hugh Orr, the inhuman 
monster who beat his wife, Rachael Orr, 
while in a beastly state ot intoxication, 
until she died. He was given seventeen 
years at Auburn. The cases of Claranda 
Youlan and Nicholas Acker for man- 
slaughter, were then considered by the 
Courts. During Hall's term the indict- 
ments against the Loomis' for minor of- 
fenses cover pages of the record. Their 
depredations had so rapidly increased that 
the people were ready to rise in arms 
against them. Hall managed the oflice 
with much business skill and ability. 

WILLIAM J. M'COWEN. 

The Loomises had become so powerful, 
and increased in numbers and voting 
strength to such an extent that they bid 
defiance to all law and civil institutions. 
They were a band of lawless men pro- 
claiming personal liberty and denouncing 
civil liberty. To bring them to justice 
and test the power of civil authority, the 
Republican convention nominated for its 
candidate the venerable and popular Wil- 
liam J. McCown, of Sangertield, He was 
elected by a handsome majority. He was 



in every respect a representative man of 
the county. Tall and graceful in form, 
noble in appearance, high minded in 
thought, commanding in presence, no bet- 
ter selection could have been made. His 
very presence would command respect 
and obedience. Socially he was one of 
the most pleasant men we ever met. The 
ioomises knew fieir fate was sealed unless 
they ceased hostilities. He cared nothing 
for their influence or political power; he 
was fighting for home and friends. 

JAMES FILKINS. 

To assist in carrying on the aggressive 
work against this lawless band he ap- 
pointed the fearless and brave James 
Filkins as one of his general deputies. 
Filkins was a faithful officer and no pro- 
cess ever placed in his hands went un- 
served. He followed the Loomises through 
the cedar swamps, forests and dens. 
Many times resistance came and often with 
force of arms. In some of these combats 
he was dangerously wounded several times, 
and once pierced with a rifle ball. The 
author has often heard him relate his ex- 
ploits with these desperate and unscrupu- 
lous men. The story of his expieriences 
would fill several volumes. Sometimes 
the courts are slow to act and allowed such 
cases to go over the term on the slightest 
pretenses of counsel. So it was in the 
Loomis trials, until finally the outraged 
people became weary of slumbering jus- 
tice and arose in their might to take the 
law in their own hands and to avenge 
their wrongs. 

THE BATTLE. 

Both parties had been preparing for the 
battle, but the Loomises were now on the 
defensive. Several were wounded on both 
sides But the people got the best of it 
and drove their long dreaded adversaries 
into their homes and hiding places. The 
gang now appeared before tne Sheriff and 
claimed protection. Notices were served 
and processes of the courts placed in his 
hands— making the county liable for all 
damages in destruction of property. This 
did not stop the infuriated people; they 
continued'the attack until the lawless des- 
peradoes pleaded for mercy. The battle 
was a deperate one and the enraged people 
would not yield for a moment until they 
had accomplished their purpose. 

THE MILITARY CALLED OUT. 

Sheriff McCowen was now placed in a 
trying position. His neighbors and most 
intimate friends were the aggre«sors. It 
would be terrible to stay them by civil or 



17 



military force. But lie was Sheriff and 
the county must be protected if it called 
for the armies of a nation. No civil of- 
ficers could handle such an overwhelming 
force. He was obliged to call out the 
military. The thought was terrible but it 
must be done. He issued his order and 
the forces assembled. But before they 
reached the field of action the rioters were 
dispersed. What a scene met the Sheriff's 
gaze as he and his staff approached the 
fatal spot! The buildings were aflame, 
the heavens were lurid with their light. 
Plumb had been hanged to a tree 
to make him confess his crimes and 
was nearly dead. No confession was 
wrung from him, however. George 
Washington Loomis, the leader of the 
gang, some time previous to this, had been 
killed with a slung shot in an altercation 
wittiin the dales of the ill-fated homestead. 
Truly, In this case the mob was a monster. 

FILKINS INDICTED. 

James Filkins was indicted for this of- 
fence and for arson. He was put on trial, 
and after a long and expensive proceeding 
in the courts was acquitted. On the night 
of this fearful and unlawful assembly, he 
was acting with the Sheriff and endeavor- 
ing to prevent the destruction of life and 
property. But the Loomises took him for 
revenge and then sued the county for dam- 
ages. They were, however, unsuccessful 
in the main but made some compromises. 
This is one of the cases that illustrates the 
dangers and sufferings of a faithful pub- 
lic servant. Filkins was ruined financially 
and suffered beyond all description from 
the fearful wounds he received. He is 
still living at his home near Waterville. It 
has been difficult to get an officer to serve 
in that locality ever since Several have 
tried it but with fear and great caution. 

MORE CASES. 

There were several other cases of man- 
slaughter in McCowen's term. We note 
the following: Seymour N. George, James 
Nolan, Jesse Sexton. George Lewis, Clark 
Lewis, William Rogers, Henry Budge and 
John Bachmat. The indictment of the 
county board of Excise Commissioners for 
breach of official duty, caused much ex- 
citement. Ic was due to the same causes 
that have been repeating themselves in 
Town Boards and City Commissions ever 
since. The frauds and lack of public 
decency and personal honor in these bodies 
is without parallel in A.merican institu 
tions. The law and its intent is glaringly 
violated, and crimes under it winked at, and 
as the old sea captain said "when I signs 
them papers I turns my back." 



GEORGE W. SMITH. 

Another great and important event was 
the removal of the County Judge, George 
W. Smith, on the charge of bribery. 
Hon. Roscoe Conkling was the prime 
mover in these proceedings. A record of 
thena may be found in his State papers and 
a brief sketch in the biography written by 
his nephew. They may also be found in 
the Congressional Record to some- 
extent, as out of them grew the 
great fight between Donkling and Blaine. 
Perhaps we may be able to trace them even 
through many other campaigns and even to 
the defeat of the Pesidential candidate ia 
1884. McCowen was a model Sheriff and 
is gratefully remembered by all who knew 
him. He was truly one of nature's noble- 
men 

EIGHTEEN HUNDRED AND SIXTY. 

The exciting political campaign of 1860 
will long be remembered throughout the 
land. The Republican party was now well 
organized in Oneida county. A nomina- 
tion was almost equivalent to an election, 
and 1860 was a Presidential year. The 
Republicans were united and in the race to 
win if possible. The Democrats were 
split asunder. For President the Republi- 
cans had Lincoln. The Democrats Doug- 
lass, Fillmore and Bell. The war cloud 
hung over us, the fate of the nation was 
trembling in the balance. There were 
Wide Awakes, there were Little Giants, 
there were Copperheads, there were Union 
men, there was Slavery, there was Free- 
dom. Great, indeed, were the issues of 
those exciting times. The vote was all 
out. But on Sheriff all parties seemed to 
unite. 

HUGH CROCKER AGAIN. 

In this campaign Hugh Crocker was re- 
elected on a union ticket. He again duly 
qualified and entered upon the solemn 
duties of the office. John Bachman, who 
killed Conrad Lawrence, at Rome, 
October 6, 1861, was tried and convicted 
and imprisoned for life. The trial of Wil- 
liam Rogers, who murdered his wife in the 
town of Vienna, immediately followed. 
He was convicted of murder in the second 
degree. A large number of indictments 
were found for assaults at elections. There 
were many Southern sympathizers in 
Oneida county. Some of them were rank 
and abusive. Followine these came sev- 
eral great jail deliveriesT" Prisoners v. ere 
aided to escape by their partners in crime, 
and some were released to enter the army! 
These were among the evils of the war. 
In the midst of it all came the indictments 
of Catharine Stannard, Clark Lewis, 



18 



Nathan Brighara and Thomas Kehoe. 

THOMAS KEHOE. 

Kehoe was a desperate man when intoxi- 
cated. One day he had drank too much 
and on meeting: • his neighbor, Michael 
Boilin, on the road from Westmoreland to 
Rome, they engaged in an altercation. 
They quarrelled and fought until Kehoe 
drew his knife and slew Boilin. In his 
anger he drove the dagger to his neighbor's 
heart; they had been friends, and when he 
became sober he regretted the deed and 
longed to make restitution. But the life 
he had taken he could not restore. He 
wept like a child, but the deed was done 
and his only consolation was what is done 
is done There was no calling it back. 
His friend was gone from his sight forever. 
All that was mortal was hid from his view 
in the darkness of the tomb. Boitin's 
family were indigent and left in poverty. 
Kehoe had no means but was finally re- 
leased on bail by the order of Judge 
Bacon. He at once enlisted in the army, 
and it is said gave his bounty and his earn- 
ings to the family of the deceased. 

OTHER CASES. 

Norman Kimball and Napoleon Barom- 
eough were also indicted for murder, and 
Henry Perry and Eliza Toleman for arson. 
About this time the famous ward politician, 
John Davy Hackett, was indicted for as- 
sault with intent to kill, but with his 
usual good f ortu le he soon satisfied the 
court he meant no harm. John was one 
of the police officers at the time and was 
one of the shrewaest of them all. He will 
be remembered as the political manager of 
the Fifth Ward of Utica. During this 
term Crocker added to his fame as a good 
executive officer, and was the last Sheriff 
to be re-elected. 

HON. D B. DANPORTH. 

January 1, 1864, Hon. D. B. Danforth. 
of Annsville, qualified and took possession 
of the Sheriff's office. He was a tanner 
by trade and at one time well provided 
with this world's goods, but in later years 
became addicted to the drink habit and 
died a victim of misfortune. In the hour 
of temptation he built castles in the air, 
and indulged in fooli-ih speculations, one 
of which was a mammoth hotel in the oil 
regions. In politics he was an ardent Re- 
publican as the times then stood. At the 
first term of court when he officiated, 
Henry Murray was convicted of arson and 
sent to States Prison for eighteen years and 
three months for burning the house of 
Charles Latham in the city of Utica Pat- 
rick Kelley, John H. Yoult. William 
Jones, Theodore Webb, James Dillon and 



Henry Kent were indicted for other of- 
fences. Dillon was at once tried and con- 
victed and sent to States Prison at Auburn. 
He was a bold, dangerous and desperate 
fellow, having set fire to the house of Un- 
dcrsherifl Glen Petrie at Rome. In 1866 
Richard Jones was indicted for murder 
and successfully defended by the late D. 
C. Pomeroy, perhaps the most eloquent 
advocite of Oneida county's bar. Indict- 
ments were also found against Cory 
Coughlin and James Welch for murder, 
and John Comstock and Julius Martin and 
Martin A. Verer for arson. There were a 
few other indictments and convictions for 
lesser crimes, otherwise nothing seemed to 
occur out of the usual course of business 
in Danfurth's term. 

GEORGE P. WEAVER. 

George F. Weaver, of Deerfield, became 
Sheriff: of Oneida county, January 1, 1867. 
He was a descendant of the old Dutch 
family that helped colonize tlie town in 
which he lived. '1 hey were loyal in all the 
great st-uggles for American independance. 
He was lo>al to preserve the union. By 
occupation they were farmers and brick 
makers. Tbeir extensive yards are known 
throughout all Central New York From 
early manhood he had been identified with 
all the popular movements to nenefit the 
county. His liberal hand was felt in every 
enterprise to benefit our cQarities our 
schools and our churches. His acquaint- 
ance was extensive and he was esteemed by 
all who knew him. In politics he was an 
ardent Republican and as such was honored 
with many positions of public trust. For 
years he was Supervisor ot his town, Com- 
missioner of Excise for the county and 
finally Sheriff. 

His genial smile, his affable maners, his 
ki'idly disposition won for him the friend- 
ship of the masses both rich and poor. He 
was loyal and true to the best interests of 
all. In the stirring times of war he was 
for the Union and the freedom of the 
down-trodden and oppressed. He knew 
the cost of human liberty, he had learned 
it from his patriotic sires. It was the 
lesson of his childhood. The Weavers 
and the Bellingers were all patriots. 

He entered upon the discharge of his 
duty as Sheriff to do right and oppose the 
wrong. The most important part of the 
oath to him, was not to commit evil, but 
to avoid deceipt, fraud and oppression. 
All men have luade some mistakes and so 
did he, but they came through the over- 
flowing kindness of his generous j;ieart. He 
was one of the noblest public spirited men 
we ever met. 



19 



HIS FIRST COUllT. 

A», his first term of court Hugh Moore 
was indicted for arson and James 
JVlcQuade and Henry Carr for neglect of 
official duty. This apparently proved a 
political farce. There were also a large 
number of indictments for violating the 
excise laws. The complaints were made 
by the Law and Order League of the 
county. At this time a great temperance 
revival was in progress under the auspices 
of the Good Templars. They were then a 
powerful organization, and the individual 
members made themselves felt in the polit- 
ical world. M ny of the rising young 
men of to-day were brought into public 
life through their efforts, llie Temperance 
Patriot published at Utica, was the official 
organ. In this movement the author first 
appeared before the people as an advocate. 
Hugh Moore was duly arrested and tried 
for arson and imprisoned. He burned 
Ezra Clark's buildings at Kirkland. A. 
Verter was iried and convicted He set fire 
to John Herbert's slaughter house in Deer- 
field. James Welch wa'^ tried for killing 
John Long at Utica. He was convicted of 
manslaughter and sent to Auburn. A 
powerful gang of burglars and robbers had 
long been operating at Utica, they were 
now broken up and several of them sent to 
view the statu^i of Copper John. Dewitt 
and Jeremiah Tooley were jailed for arson 
and indicted. 

WILLIAM HENRY CARSWELL. 

Then followed the brutal and shocking 
assault and murder of Anbey Elizabeth 
Sanders at Annsville by William Henry 
Carawell. Abbey was but a child, young, 
innocent and virtuous. Carswell was a 
miserable, low, treacherous, craving liber 
tine The story of this awful crime has 
often been repeated in the public press, 
and exists in pamphlet form, a copy of 
which we have. In those days zealous 
publishers took advantage of public execu- 
tion to make money by selling a printed 
record of the criminal and crime. It is 
poor reading and miserable trash, pollut- 
ing everything with its foul presence and 
its touch, No mind can grasp it and be 
made better. Ttie details are so shocking 
and repulsive to every sense of decency 
that I will not reproduce them here. It is 
sufficii nt to say he shamefully and cruelly 
violated her person, maimed and lacerated 
her body with a knife, crushed 'he bones 
in her side and back, beat out her brains 
with a stone and left her alone in the woods 
to die. He murdered her, and mutilated 
her body to escape convictioQ. But in his 
case justice was not slow. 



TRIAL AND EXECUTION. 

He was at once indicted and tried. Fargo 
& Burnett, of Rome defended him. The 
record of his conviction may be found in 
the November Oyer and Terminer. 1868, 
and January 8, 1869, the execution oc- 
curred at the Rome jail. The cold and 
heartless, barberous wretch, smarting under 
the sting of an awakened conscience, 
groaning with fear as he heard the sound 
of the workmen's hammer building the 
scaffold, shuddering with the thought of 
the pains and sufferings of the execution, 
trembling at the gates of death and the 
great punishment that awaited him in the 
eternity beyond, begged of the physicians 
in attendance to administer chloroform be- 
fore the fatal drop should fall in the hours 
of his agony. The condition of the culprit's 
mind being such as to cause great trouble, 
the physicians yielded to his appeal and 
administered the drug. Then the victim 
of his own pasions, the vicious monster, 
the debased madman was no more. The 
drop fell, he was dead and his wicked 
mind and dangerous presence banished 
from the world iforever. 

CHARGES AGAINST THE SHERIFF. 

Out of this execution grew many harsh 
and unkind criticisms against the Sheriff. 
Public sentiment divided on permitting 
the use of chloroform. Charges were pre- 
sented to the Governor against the Sheriff, 
but on a careful examination of the facts 
he was fully and completely exonorated 
from all blame. It was intended as a kind 
and humane act on the part of the physi 
clan to stop the ravings of , an angry and 
vicious mind. 

HIS LAST TERM. 

At his last term (jf court came the trial 
of Martha Hudson for arson in tne first de- 
gree. She set fire to the house of Leonard 
J. Kendall and buroed it to ruins She 
was convicted in the second degree and 
committed to Sing Sing for life. There 
were a large number of trials for felonies 
and misdemeanors in all of which the 
Sheriff did his duty. 

Sheriff George F. Weaver will long be 
remembered for his good qualities and un- 
stinted benevolence. He was in every 
sense of the word a Christian gentleman. 
He lived to a ripe and good old age, and 
but a few weeks ago was laid away by 
loving hands in his final sleep, amid the 
cheerful shades and fragrant flowers of 
Forest Hill Cemetery. He sleeps well. 
For 

The ashes of the just. 
Smell sweet and blossom in the dust. 



20 



LEWIS GAYLORD. 

At the general election of 1870 Lewis 
Gaylord, of Rome, was duly elected 
Sheriff of the county, January 1, 1871, he 
duly qualified and entered upon the dis- 
charge of his duty. He is a business man 
of the ancient city and keeps a meat 
market. Political y he is a Republican, 
and at the t'me of his election was a leader 
in the party. He had served as Deputy 
SheriflE and was well qunlifled for the 
duties of the office. The main office was 
now loca'.ed at Rome again and after the 
lapse of many years. 

HUGH MALLON. 

The first great trial in his term was that 
of Hugh Mallon for the murder of George 
B Porter in a saloon and gambling hell at 
Utica. In the first great trial of this case 
Daniel Ball, the District Attorney was as 
sisted by Marshal B. Champlain the Attor- 
ney General of the State. The prisoner 
was represented by Pomeroy & South worth 
of Rome. It is one of the celebrated cases 
on record. The trial took place at Rome 
and lasted several days. The arguments 
of the learned counsel and eloquent advo 
cates were superbly grand. Daniel C. 
Pomeroy sumed up for the prisoner and 
the Attorney General for the people. 
Pomeioy's effort was one of the best of his 
life. His peroration on the value of hu- 
man liberty, the life of a peer, the sacred- 
ness of the home, and the widows and 
orphans made sad by the verdict of a jury, 
was of the highest standard of forensic 
eloquence. 

There was a beautiful tender, pathos in 
Pomeroy 8 voice that never failed to touch 
a juror's heart. He was a man of kindly 
disposition and tender sympathies. Op- 
posing counsel wept, the widow sobbed 
aloud and the jury were in tears. Even 
the learned judge could not control the 
emotions of his heart's sympathies. But 
there was one tearless cheek, there was one 
undimmed eye. it was that of Marshal B. 
Champlain. The learned a Ivocate turned 
to him and made an appeal for mercy, but 
there was no expression of feeling on his 
part. He had studied the case and listened 
to the evidence as detailed by the witnesses 
and was firm in his conviction of guilt. 
Nothing could move or sway him from 
what he believed to be the path of duty. 
When the counsel for tne defense closed 
there was a ripple of applause. The 
Sheriff rapped to order. Champlain was 
a large man, of fine presence, and almost 
perfect in form. His hair had been dark 
and curly, but was now sprinkled with 
gray and fast whitening locks. When he 



arose there was a painful and almrst 
breathless si ence. He stood for a moment 
In the presence of the jury, and then com- 
menced by saying he appreciated their 
sympathies for the prisoner and his family. 
Then pointing with his finger to the south- 
ern hills he remarked that in a rural home 
there sat a widowed mother waiting and 
weeping, but not for the return of their 
verdict, for that would not restore her boy, 
it would not remove the sorrow from her 
humble domicile or sadness from her 
aching heart. For her hope, her fond 
ambition, her staff in life was gone He 
had been stricken down by a reckless as- 
sass-in, amid a lawless gang in the darkness 
of the night. To meet her boy she must 
look to jthe realms above. He then an- 
alyzed the evidence and brushed away tbe 
legal arguments of the defense like so 
many cob webs on the wall. The jury 
retired at the close of his powerful argu- 
ment and returned with a verdict of mur- 
der in the first degree. 

THE CASE. 

The people of Ijtica and Oneida county 
will recall the details of this infamous 
crime, and the low gambling hell where it 
was perpetrated. Some of ihe participants 
are yet living. Mallon was sentenced to 
be hung, but the case was stayed on ap- 
peal, and a new trial granted. On the 
second trial the prisoner was convicted of 
manslaughter, and imprisoned at Auburn 
for a term of five and a half years. The 
murder was a brutal one and should be a 
warning to all young men to avoid such 
places of unlawful pleasure and amuse- 
ment. There is always danger of a quarel 
where men are drinking and gambling for 
money. Porter was killed in one of these 
affrays by being hit with an instrument of 
death. His widowed mother was then 
left alone in the world, without his aid and 
support. The uncertainty as to who 
dealt the deadly blow saved Mallon's neck, 
but left a life of misery. His mental suf- 
fering was almost too great to bear, and 
darkness seemed to shaddow his pathway. 
To him the world lost its pleasures and its 
charms. He bore his affliction until death 
removed him hence. 

CALLAHAN AND CAHOON. 

The next capital case in the term of 
Sheriff Gaylord was that of Mary Callahan 
for killing her infant child at Utica. She 
was convicted and sent to Sing Sing. 
Then came the case of Daniel Gaboon for 
taking the life of his own wife at Bridge- 
water. He shot her in the side, shouldtr 
and breast in a tit of drunken madness. 
Being deaf and dumb, and pleading pite 



21 



ously for mercy in writing, and there 
being other extenuating circumstances." he 
was allowed to plead in a lower degree, 
and sent to Auburn, to repent of his un- 
natural crime. 

m'gee and edic. 

Following came the case of Hugh McGee 
for killing Thomas Rowland with a stone, 
at the Chamberlain Zouaves' picnic at 
French's grove. New Hartford. This 
case will be remembered by many. Hon. 
Francis Kernan was counsel for the 
defendant. . On the first trial the jury dis 
agreed, and on the second he was convicted 
of manslaughter, and imprisoned accord- 
ingly. 

Eliza Ann Edic was tried, for beating 
her husband, Christian Edic, with a club 
until he died. The crime was committed 
at Sangerfield. She pleaded guilty to 
manslaughter and went to Sing Sing. All 
female prisoners from Oneida county were 
sent to this prison. 

JOSEPHINE M'CARTHY. 

We now come to the celebrated trial of 
Josphine McCarthy for shooting and kill- 
ing George Hall, while quietly riding on a 
Genesee street car at Utica. Out of this 
case grew some of the blackest scandals 
that ever cast a shadow on American juris- 
prudence. The fair fame of Oneida 
county was dishonored There were sev- 
eral indictments for libel, the principal 
one being against Wilber Payne, for libel- 
ing the court and Judge Charles H. Doolit- 
tle bv a prevaricated statement of its pro- 
ceedings. Josephine undoubtedly d'd not 
intend to kill Hall, but how the mistake 
occurn d has been a mystery. It is said 
by one of the passengers on the car that 
when she entered she was frenzied and 
desperate. One of the passengers saw the 
glittering revolver as she drew it from her 
muff, and by raising his arm struck her 
hand, and t' us what mighr, have been a 
dt'liberate murder became an accident, for 
she evidently intended to kill some one. 
The case was a very complicated onie, and 
difficult to try. Eminent counsel was en- 
gaged by both sides. D. C. Stoddard, 
District Attorney, aud Hon. Charles Sedg- 
wick, appeared for the people and Lewis 
H. Babcock, Daniel C. Pomeroy and Hon. 
Charies Mitchell for the defense The re- 
sult was an acquittal by the jury over 
which there was much speculation. Judge 
Doolittle was surprised at the verdict, and 
thought the jury had been packed to de- 
feat the ends of justice. 



HOW JURIES ARE PACKED, 

The author has heard of such things 
being done in several cases, They were 
liquor cases. In one case the defendant 
had a young friend in the County Clerk's 
office, the clerk being the custodian of the 
box containing the names of jurors. The 
Grand Jurors are named by the Supervis- 
ors, the Trial Jurors by the Supervisor 
and Assessors of each town and ward. 
These boxes were taken down and a list of 
names selected and placed in the center of 
the box, and when the Clerk took the box 
to draw with the Sheriff and County 
Judge acting as inspectors, sufficient of the 
selected names were drawn to complete a 
pannel. Another way was this: The coun- 
sel agreed to go on with the regular pannel 
and then exhaust it, and called for tales- 
men. A list of names were placed in the 
hands of the officer, favorable to the de- 
fendant. This practice in justice's court is 
frequently indulged in. and in Recorder's 
Courts and Special Sessions. I mention 
these facts simply to illustrate how such 
things might be done. The learned Judge 
had an opinion of his own. 

OTHER CASES. 

Jacob Bernhardle was now tied for kil- 
ling a boy in a masquerade at Rome. 
Charles and Joseph Harris were indicted 
for arson, and a large number for violating 
the excise laws. These were brought by 
the Law and Order League at Rome. 
Charles Suples was then indicted for kill- 
ing Peter Conner at Rome. He was con- 
victed of manslaughter. Thomas Buchan- 
nan. Cashier of the Peoples' Safe Deoosit 
and Savings Institute of Utica, N. Y., 
was indicted for grand larceny and embez- 
zlement. He was tried and acquitted. 

WILLIAM J. PERKINS. 

Oneida county has produced few young 
men who could equal the criminal record 
of William J. Perkins. Born in the town 
of Floyd, in 1848, and schooled in the 
streets of Oriskany and Utica, until the 
breaking out of the war, he picked up all 
the vices of the neglected street urchin. 
By trade he was a machinist and lather. 
When the war broke out he enlisted in the 
army and served faithfully to its close. 
He was a brave and kind hearted soldier. 
If the record of his good deeds could stand 
alone, they wuuid shine as a monument 
of glory. But he was unfortunate and 
yielded to temptation and fell. In a 
thoughtless moment he drank too much 
and his good deeds were lost to the world 
and obscured by darkness and shadow. 
He was first imprisoned in Utica jail for 



22 



intoxication. He was afterwards trans- 
ferred to Rome, and while tliere made a 
saw of an old knife, cut the bars and es- 
caped with his brother to Port Ley den. 
Cold weather came on and they were 
obliged to seek for food to keep from 
starving. While doing this they were 
identifed and captured. They were then 
brought back to Rome, bound hand and 
foot with shackles and bracelets. He now 
felt his disgrace keenly, and shuddered at 
the approach of his friends. Now he 
must answer an indictment for jail break- 
ing and escape. The trial came on at 
Rome and the jury disagreed. He was 
then transferred to Utica and convicted. 
Sentence was pronounced — ten months in 
the Albany Penitentiary. Before it could 
be carried into effect, he broke out ot Utica 
jail. This time by a saw conveyed to 
iiim in a mince pie by a friend who never 
forsook her boy — his mother. He escaped 
to Boston, and was arrested and again cut 
his way out before the requisition could 
reach nim from the Governor. He now 
took refuge under the American flag, 
enlisted in the United States marines and 
went to sea. After serving five years he 
came back to Utica. He was now arrested 
in a saloon and sent to Albany to serve his 
sentence. Tnis was discouraging and 
made him more reckless than ever He 
was finally captured, indicted and convict 
ed of burglary, and sent to the State's 
prison at Auburn. There is no doubt 
but that he was the most skillful burg 
lar in Utica or Oneida county. And had 
the same genius and skill been applied 
to some legitimate calling would have 
made him what he appeared to be, not 
what he really was, He came into the 
world as free trom vice as the rest of man- 
kind. He possessed a noble heart and 
every faculty of the noble man. Society 
is greatly to blame for his downfall and 
ruin. He learned the motto of the world, 
but, alas! to late. It was: "Hithim hard, 
he has no friends." He struck back, but 
he lost, and lost all he had. This rounded 
out the busy and successful term of Lewis 
Gaylord. 

GEORGE BENEDICT. 

The canvass of 1873 was a stormy one. 
The Republican party was yet in the as- 
cendency but was divided into factious. 
Some were Liberals, some Greenbackers 
and many Prohibitionists. In order to 
elect their candidate he must be able to 
hold these factions together. To add fuel 
to the flame, Conkling and Ellis H. Roberts, 
the recognized leaders, had disagreed. And 



the veteran solders made their demand for 
recognition. They must have a man on 
the ticket. The County Clerk's office was 
already in the hands of the Democrats 
through this element by the election of 
Major James Bronson, in the previous 
campaign. A Sheriff and Clerk must be 
elected if possible. The Ck rk's office was 
worth $20,000 for a term of three years, 
and the Sherift's over $15,000 for the same 
time. Candidates were numerous and 
the contests were bitter and unpleasant. 
When the convention met at Rome in the 
fall, a g' eat political storm ensued. The 
clashing hosts first met at the Court House 
and then adjourned to Sink's Opera 
House to accommodate the masses. Afier 
wrangling and voliog for hours Georire 
Benedicr, of Verona, was nominated. 
Benedict was a well to-do farmer and es- 
pecially well thought of by that element. 
He was also a Christian gentleman and 
took a great interest in the welfare of the 
church. In short, he was an exemplary 
cilizen. In the factional differences he 
was a Conkling man. He had represented 
his town in the Board of Supervisors sev- 
eral terms and was well acquainted with 
their workings. His acqu^mtance was 
large and extended throughout the county. 
The nomination was ratified at the polls 
and Benedict was elected. But the fac- 
tional fight continued, and the differences 
could not be healed. January 1, 1874, he 
duly qualified and entered upon the dis- 
charge of his duty. His term, from the 
beginning, was full of trouble, anxiety 
and perplexity. New and varied com- 
plications were arising all the time. He 
was, however, fearless and determined to 
make the best of the situation. But. like 
a great many other Sheriffs he was unfor- 
tunate in the appointment of his subordi- 
nates. He removed to Utii-.a with his fam- 
ily and retained the oflBce here. In fact, 
he tried to harmonize the factions, and in 
that way disloyal men were placed upon 
his staff. This was more noticeable in 
Rome than elsewhere, especially at the 
jail. They were oposed to him in senti- 
ment, principle and the discharge of of- 
ficial duty. Such is the curse of politics 
as now managed and the folly of candi- 
dates. All subordinates should be in full 
political harmony with their principals. 
Candidates should be competent and 
honest and share the responsibilities of 
their chief. There may be exceptions but 
they are few and growing smaller George 
Benedict and James Tanner are competent 
to speak on this subject. A man had bet- 
ter be without an office than to allow his 



23 



appointments to be dictated by spoils- 
men who dea) in the mercantile vote. 
Public positions should not be dealt in as 
merchandise. The sacred franchises of 
the people should not be abused either by 
rewards or bribes. It is wrona; and the 
people should stamp it out and resent it at 
the polls. A party had better go to the 
wall rather than the sacred institutions of 
our government. Benedict tried to stay 
the tide when it was too late. We have 
said this much to pave the way for what 
follows. 

CRIMESTAL CASKS. 

The first capital case that called for the 
attention of Sheriff Benedict was that of 
Perrine Matteson, who killed his brother 
at Paris Hill in a fit of jealous an^er. It 
was on a Satbath morning when all things 
else seemed to be in harmony and keeping 
with the sacredness of the day. They had 
quarreled and Perine took his gun and 
hid in the barn until his brother ap 
proached him and then shot and killed 
him. He was finally declared insane and 
committed to the State Asylum where he 
now remains. Conrad Baker was in- 
d cted for burning buildings near Rome, 
and Samuel Haneur was indicted for burn- 
ing, as we are informed, what is called 
the Gardner Block at Utica, and Henry 
Trembly for arson at Whitestown. James 
Fetherston Petit was indictei for murder. 
He killed Catherine Fttherston Petit at 
Utica in a drunken row. It is said that 
he pounded the poor woman to a jelly. 
He was allowed to plead manslaughter and 
was injprisoned accordingly. Edward 
Mullen was indicted for killing James 
O'Neil with a whip stalk in the alley near 
Lowery's Knitting Mills on Bleecker 
street, in Utica. He was tried and con- 
victed of manslaughter and sent to Auburn 
for four years. David White and Joseph 
Hay den were indicted for murder in the 
first degree. David K. Pierce and George 
Woodruff were convicted of arson in the 
first degree and in; prisoned for life. They 
burned the dwelling of Charles L. Gibbs, 
at Sangerfleld. In these days crime 
seemed to be rapidly on the increase, es- 
pecially in Utica. 

THE GERMOND BURGLARY. 

For a long time the city of Utica had 
been infested with an organized gang of 
desperate burglars. Murder, arson, maim- 
ing, and crimes of every description were 
comnitted. The county authorities and 
Police and Fire Commissioners of Utica 
had taxed their ingenuity to the fullest ex- 
tent to search out the perpetrators of these 



dreadful crimes. Spies were put to watch, 
and foreign detectives were employed by 
prominent citizens. It soon became evi- 
dent that some of the city guardians were 
not entirely loyal to their official duty. 
Suspicion soon found its subject and then 
the traitor was sought to reveal the work- 
ings of the mysterious band. Some one 
was to be made a victim of a burglary. It 
is said the man selected to be the victim of 
this cruel scheme was Peter Germond and 
his inoffensive family. He lived .°outh of 
the southeast corner of the city in New 
Hartford. The night of the burglary was 
agreed upon as arranged by the spy or 
pretended burglar and citizen. A band of 
s aunch and loyal men were to be present 
and capture them in the act. But it so 
happened that the Vernon bank was to be 
robbed on the night previous. This was 
foiled by a fire that took place in Vernon 
near the bank the night before. For fear 
that the tire might break out again a 
watch was kept on all night. The bur- 
glars had their man on the ground who re- 
ported these facts. So they changed 
their plans and went to Germond's a night 
sooner than was intended. Germond was 
unprotected and defenceless. He had no 
knowledge of the cruel scheme beitig 
worked upon him. Like many other 
farmers he took little precaution in mak- 
ing the approaches to his residence safe. 
He retired with his family in the full con- 
fidence that all was well. 

The headquarters of this infamous band 
was at a more iafamous den near the 
banks of the Mohawk river. Here they 
met and divided their blood money and 
ill-gotten gain. Here they reveled in the 
lap of luxury From here they proceeded 
to the banks of the Mohawk river opposite 
Third street and masked themselves for 
their hellish work. Then up Third street 
they went to Pleasant and from Pleasant 
to the unpleasant scene of action. Access 
to t' e house was easy, as a member of the 
family was yet in one of the outer build 
ings and the door was open. They pro- 
ceeded to the room of Germond and 
ironed him with bracelets. His wife and 
children were confined in another room 
with a masked and armed robber on guard. 
They soon plundered the house and re- 
tired. Germond followed them to the city 
to be released from his iron bands. The 
alarm w as given and an order to arrest any 
and all suspicious persons piiblished. 
Rioting on their stolen plunder and con 
gratulating themselves on their easy es- 
cape, the vile band scattered in all direc- 
tions to avoid detection. Some of them 



24 



went to their homes and some to the foul 
dens of ill-fame for unlawful pleasure. 
But one was too anxious to escape and 
hastened to the depot to take the early 
train. He believed himself unsafe. 

WILLIAM J. CONROY. 

He is soon arrested and proves himself 
to be William J. Conroy, captain of the 
Highland gang on the Hudson. Perhaps 
a more cruel and desperate man never 
lived. He was unscrupulous and heart 
less. He was put into the custody of the 
Sheriff and finally induced to tell the 
whole story of his shame. Interested 
citizens visited him at the jail and prom- 
ised him his liberty and a reward if he 
would divulge the whole secret of his 
crime. It is done, and Conroy, a few 
days ago but a despised robber, is made 
the hero of the hour. He malies a clean 
breast of it and prides himself in his 
shame. The Grand Jury sits, he goes be- 
fore it and the desperate gang headed by 
Thomas Scott, "Buckey" Malone, George 
Ellis and others are indicted, tried and 
convicted and given sentences aggregating 
nearly a hundred years. Conroy is now 
released on bail. The bail is forfeited, and 
one of the greatest farces ever known in 
the criminal jurisprudence of the criminal 
world is enacted. 

WARRANTS FOR CONROY. 

The parties promising Conroy his lib- 
erty and reward little thought of the 
dreadful character of the man. He was 
associated with a gang that had ransacked 
and robbed in almost every city and vil- 
lage east of Albany. Warrants were in 
the hands of the Sheriff demanding his 
presence in other counties. The Sheriff 
was responsible for their execution and his 
custody. Jailors and all deputies were 
notified of this fact and so was Conroy. 
Notwithstanding this an attempt was 
made to get him out of the custody of the 
Sheriff to use as a witness in- the Hood 
burglary at Albany. 

HIS ESCAPE. 

The jailor at Rome was induced to 
bring him to Utica, and while the train 
was waiting at the depot, a lunch was pro- 
vided for all. While the jailor was drink- 
ing his tea and eating his oysters, the train 
commenced to move, and Conroy and his 
would be custodian escaped to the train. 
The jailor ran -ind jumped on and jumped 
off. He repaired to the Sheriff's office for 
instructions and was instructed to go 
home. 



THE PURSUIT. 

The Sheriff, armed with his warrants, 
at once organized a posse to pursue the 
fleeing refugees. It consisted of the 
Sheriff George W. Benedict, Alexander 
Hutchinson and the author. The author 
was in Clinton all day, and returned just 
in time to be sent for. The main deputy 
being engaged, the writer was requested 
to accompany the party. The train which 
Conroy had taken only went as far as Lit- 
tle Falls. So the posse boarded the ex- 
press and reached Little Falls shortly after 
the accommodation. The posse was to 
divide, two going on each side of the 
train from front to rear. We had 
hardly alighted from the car when a yell 
came from the shaded darkness on the 
river side like the howl of a Commanche 
chief. It was an indication that George 
W. Benedict had discovered Conroy. 

THE BATTLE. 

Proceeding to the spot from whence it 
came, behind a great caboose, a deadly 
fight was going on between young Ben- 
edict and three other men. At the time 
we did not know who they were, but were 
afterwards informed that one was Conroy, 
the others Detective Cower and Hon. 
Miles C. Comstock. Young Benedict 
took hold of Conroy with one hand and 
Comstock with the other. In a few mo- 
ments revolvers were flashing in the lamp- 
light. As the author approached with his 
handcuffs the combatants retreated to the 
train. Here another battle ensued, and it 
was a desperate one There was a war of 
angry words and clash of weapons. Each 
party called upon the assembled crowd 
for assistance. The Sheriff and his posse 
were getting the worst of it. Blood 
flowed freely. A revolver was pointed at 
the author, and in an instant he wrenched 
it from the hand of his assailant. There 
were a few blows and a flash and Conroy 
lay bleeding in the arms of young Bene- 
dict. The affray was then soon ended 
and the assailants rushed from the car for 
their own dear life. We had met the en- 
emy and they were ours. 

CARING FOR THE WOUNDED. 

The wounded prisoner was then taken 
to the hotel and a surgeon summoned. It 
proved to be an old chum of the author's. 
He probed for the bullet but could not 
find it. It had entered the cheek below 
the left eye and passed into the mouth. 
The wound was painful but not danger- 
ous. After caring for the prisoner all 
took the morning train for home. Conroy 



25 



was afterwards surrendered on a writ of t was done to pack the committee in his 

habeas corpus and taken to Albany to tes- favor; that the Sheriff was an old Super- 

tify in the cases there. He was after- visor and knew who were liberal men. 

wards bailed on the indictments against When the Board met a majority of tne 

him and set free for a time. But he could members named were placed on the com- 

not shake off his old habits— he was a nat- mittee. They were supposed to be hon- 

ural criminal. He soon committed several orable men who understood their duty, 
great crimes in quick succession. He is „ .. 

said to have shot and badly wounded one ^^^ committee. 

of his female friends in a jealous passion, The committee met and organized. The 

also to have shot and wounded an officer Board was Democratic, as was a majority 

trying to arrest him, and finally he blew of the Committee. Chairman Silas T. 



Ives was an ambitious man and Assembly- 
aianelect. He was a friend of Armstrong 
and was playing hot and cold, but in fact 
was a deadly enemy of the Sheriff. Arm- 
strong was a leading Democrat and had a 
Conroy had sworn that he would kill the great influence with the Board. Ives kept 



the front of a house to pieces at Hudson 
and was sent to Clinion Prison to die, that 
is for life, and he did die there. 

HE SWORK HE WOULD KILL THE WRITER. 



writer at sight for revenge. For this pur- 
pose he came to Utica and lay around for 
weeks and shadowed the object of his 
search wherever he went. One morning 
in June it became necessary to 
take the three o'clock train for the East. 
The author started down Genesee street to 
tne depot. On approaching Bagg's 
Square who should he meet but Conroy. 
He was coming from a well known resort 
in Deerfield. Revolvers were drawn and 
a duel was apparent. Each party advanced 
within about ten paces. The author stopped 
and took deliberate aim and Conroy 
dropped and ran into Bai.]'g's Hotel. He 
was a cruel and heartless sneak and blood 
thirsty villian. He thought the chances 
were against him and vanished from our 



him posted on all seeming irregularities of 
the Sheriff's accounts. As each one was 
named Armstrong would note it and put it 
on his brief for charges. Finally the 
charges were perfected and preferred, 
Albert N. Borst, Supervisor from Bridge- 
water, and ex- Clerk, joining with Arm- 
strong as complainant. The charges were 
briefly as follows: 

SPECIFICATIONS AND TRIAL. 

The escape of Dillon, attempting to 
pack a committee of the Supervisors in 
his favor, putting too many officers on the 
courts, exorbitant charges against the 
county and general misconduct. They 
conveyed to Governor Samuel J. Tilden, 
with a request that he appoint a commis- 
sion to hear and take the evidence, and 



Sfr'LndVurSrv ^'^""^ ^' ^'^ ''''' tMt Ihe M^r^ey G^ner^or a Depu^^^^^^^ 
Germond burglary. instructed to take charge of the case. The 

County Judge and District Attorney were 



CHARGES AGAINST THE SHERIFF. 

Among the prisoners in Rome Jail was 
Richard Dillon. He was indicted for set- 
ting fire to the buildings on Col. Enoch B. 
Armstrong's farm. Armstrong was eager 
and anxious for his conviction. Dillon 
was sickly and suffering from a fatal and 
offensive disease. Physicians advised that 
he be allowed to go out in the jail yard 



both Republicans and friendly to the 
Sheriff. In compliance with the request, 
Hon. Arthur M. Beardsley was appointed 
Commissioner and D. M. K. Johnson, of 
Rome, Deputy Attorney General. A long 
and tedious trial ensued as the Sheriff an- 
swered the charges through Hon. J. 
Tho I as Spriggs and the Kernans. A large 



for his health as a matter of humanity to volume ot evidence was taken by the re- 
the misoner and justice to his associates, fprtev for the Utica 3fornmgBemkl (Wil- 
— " - - liam Schachtel, now of the Press) for 

Johnson & Prescott, which lies before me. 
This was submitted to the Governor. The 
Governor found substantially as follows: 
The escape of Diliion occurred through 
no fault of the Sheriff, but through the 
fault of a deputy, and, as the deputy was 
promptly removed by the Sheriff he had 
about to convene, the Sheriff having to purged Jiimself of any criminal or official 
leave the county on important business, negligence. The deputv should be pun- 
wrote lelteri! lo those whors he thought to ished. 

be his friends witli reference to the organi- Attempting to pack the Board of Super- 
zation of the Board. Armstrong learning visors and organize them in his favor, 
this, made it an additional charge, claiming That indiscreet letters were written by his 



The jailor at Rome permitted him to do 
so. One day Dillon made his escape. 
Armstrong was indignant and was de- 
termined to prefer charges against the 
Sheriff. 

THE BOARD OP SUPERVISORS. 

When the Board of Supervisors was 



26 



clerk, but the fact iinsustained. 

Putting too many officers on the courts. 
Not sustained, being more particularly the 
fault of the courts, as they had their 
right and it was their duty to have the 
roll called at the opening of the court and 
dismiss all unnecessary attendants. It 
made a great expense to the county, but as 
extraordinary trials were in progress like 
the Germond burglary, it must be assumed 
that the Court thought them necessary. 

Exorbitant charges. Some of the charges 
were irregular but the Supervisors were 
there to audit and correct. The Sheriff 
had the right to place his own value on 
all services not provided for by statute, 
and the Supervisors were the arbitors of 
the true value, and as they had exercised 
that duty the responsibility was with 
them. 

General misconduct. Not sustained. 

Governor Tilden laid aside the case 
with his conclusions and his successor, 
Governor Robinson, dismissed them. The 
proceeding cost the county about $10,000. 
Three thousand was refunded to the Sheriff 
for disbursements. A full account of this 
case may be found in the printed volume 
of the trial and in the Slate papers of 
Governors Tilden and Robinson. The trial 
was very exciting and at times witnesses 
and even opposing counsel indulged in a 
war of words, and in the excitement one 
of the counsel for the defense assaulted 
one of the counsel for the prosecution. 

MEN ENGAGED IN THE GREAT TRIAL. 

When this great case was on trial, the 
author was managing clerk in the office 
of Johnson & Prescott at Rome. As such 
he aided in the preparation of the case and 
became familiar with the laws governing 
the duties of Sheriff. He had been, up to 
this time, carrying two and distinct 
courses of study — law and theology. Law 
with Johnson & Prescott, and theology 
with Professors of Hamilton and 
Auburn. He had worked his way 
through all the preparatory schools and in- 
vested what money he had saved in the old 
homestead farm of his ancestors. A great 
fire now occurred and laid in ashes nearly 
all the buildings on the estate, and swept 
away his earnings, unless the lands could 
be redeemed. AH of his near relations 
but his mother and a younger brother had 
gone to their final rest. The affairs of the 
estate were complicated and the property 
left badly encumbered. Dark, indeed, 
seemed the future. But the homestead 
must be redeemed for mother Theology 
had to be dropped and law resumed, 
alone. It was a necessity, but from the 
depth of a grateful heart, to a kind and 



beneficent Providence, may it be said and 
affirmed, we hope to so live as to cast what 
little influence we may have in the balance, 
where it will weigh and be counted in the 
cause of our Divine Master. We believe 
in His teachings and confide in His prom- 
ises. For in the innermost soul there is a 
something which teaches us that they are 
true. It may be what IngersoU calls the 
touching of the "Something deemed di- 
vine." Certainly it is an experience, a re- 
alization. While contemplating these 
things and the duty of the hour. 
Sheriff Benedict found us and sought 
our services. We were now ad- 
mitted to the bar and accepted his 
proposition as deputy, clerk and counsel. 
Here we have remained ever since, under 
all the administrations and have succeeded. 
Succeeded in almost all we have under- 
taken; succeeded in redeeming the home- 
stead; succeeded in erecting a shaft to the 
memory of the grateful dead and kind re- 
membrance of our kindred; Succeeded in 
building a home for ourselves; succeeded 
in everything but politics, and in that we 
have partially failed, and for this reason, 
to the unfortunate ones addicted to the 
vice of intemperance, we have acted the 
part of the "Good Samaritan." That is, 
we belong to h Temperance Society, 

From this point we write not alone from 
the records, but from memory and personal 
experience. And when we say that, we 
can say. of George Benedict, that he was a 
well meaning and deserving Sheriff. He 
made some mistakes, and so have all the 
rest. These cost him much trouble and 
expensive litigation. The appointment of 
constables or attendants for the court is a 
political nuisance and has caused every ad- 
ministration as well as his much trouble 
and complaining. Many ward politicians. 
Supervisors and wire pullers often impose 
upon Sheriffs to secure their appointment. 
In January, 1889, the Judt;es of the Su- 
preme Court fully appreciating this, met 
in convention under the law, and fixed the 
number, thus, relieving the Sheriff from 
most of the responsibility. By their action 
in such courts, the discretionary power 
of the Sheriff is largely taken away. The 
appointments are now made by order of 
the court, or only as fixed by the judges, 
and the rule is rigidly enforced. So the 
Courts assume the responsibility. Had 
this action been taken in Benedict's time 
much evidence would have been ruled out 
of the great trial. Many of the malignants 
could not have vented their feelings for 
revenge. Political soreheads are the most 
spiteful and unscrupulous of mankind. It 
is well for Sheriffs, taxpayers and all con- 



27 



cerned, that the Courts have removed these 
appointments, at least, partially, from 
politics. 

D. MINOR K, JOHNSON. 

It Is a grateful and pleasant duty to 
pause right here, in the midst of these 
sketches, and pay a tribute of respect to 
one of our dearest and most revered friends, 
D, Minor K, Johnson, Deputy Attorney 
Oeneral in the Benedict trial. A man 
more devoted to his chosen profession 
never lived. He was ever true to his clients, 
and honest and scrupulous to a fault. 
Every case that came into his hands he 
he made his own. His books were his 
constant companion, and his selections 
were the very best and most reliable stand- 
ard works. Socially he was genial and 
pleasant; he delighted in the student who 
was ambitious and faithful in his studies. 
Few graduated from his office who are 
not steadily climbing the ladder of fame. 
In the laws of negligence and co opeiative 
rights, he was master. He was careful, 
painstaking and clear upon every legal 
proposition. For years before his death, 
he was counsel and attorney for the N. Y. 
C. & H. R. RR. Company. He and Depew 
Sedgwick and Mitchell, all distinguished 
men, were school chums, and became ad- 
vocates, orators and successful lawyers. 
Many of his cases, from the Circuit to the 
Court of Appeals, stand as mvinuments to 
his learning, genius and care. They will 
remain as guides to the profession for cen- 
turies to come, as precedents for genera- 
tions yet to follow. He loved, he honored 
and adorned his profession. In his fam- 
ily he was a kind and indulgent husband 
and parent. He loved his family far bet- 
ter than himself. His standard of excel- 
lence was the mosc enobling, for it was the 
Christian standard. He lived and thought 
for the benefit of the world and his profes- 
sion, and the world and profession was 
ma^e better that he lived and thought. 
We have mentioned these facts because he 
was the prosecuting attorney in the Bene- 
dict case, and because he was our o wn 
tutor in the early days of our study. We 
entered his office a poor, wounded cripple, 
with little money and few friends. In our 
physical condition, we were unable to per- 
form many of the duties of the office as it 
should be done, and he kindly aided and 
corrected, as fatherly as he would a child. 
He was a noble man. and will ever have in 
our mind and heart, a grateful and affec- 
tionate remembrance. 

No wonder Governor Tilden and the 
States Attoraey designated him for the re- 
sponsibilities of the great Sheriff trail of 
Oneida County. He was eminently fitted 



and did honor to the trust 

CYRUS D. PRESCOTT, 

Cyrus D. Prescott was the law partner 
of D M. K. Johnson, and now conducts 
the large railroad practice left to him as a 
legacy by the firm on the death of Mr. 
Johnson. He is a careful, painstaking 
attorney and has held many important 
positions of public trust, among them 
Commissioner, Alderman, Assemblyman 
and Congressman. Such were the counsel 
arrayed against Benedict. 

THE, DEFENSE 

For the defense were associated the Ker- 
nans including Francis and William Ker- 
nan, E. D. Mathews and J. Thomas 
Spriggs, a grand array of legal talent. 
Few lawyers in Oneida County ever ex- 
celled in tact and skill, the genius of J. 
Thomas Spriggs. He was a most success- 
ful, pleasing and eloquent advocate. The 
untruthful witness seldom escaped his 
notice and detection and sarcastic rebuke. 
His life-work is yet familiar to us all. In 
politics he was Democrat and held various 
positions of trust among them Committee- 
man, County Treasurer, Mayor and Coun- 
sel for Utica and Member of Congress. 
Francis Kernan has long been eminent in 
his profession, and as a great lawyer en- 
joys the distinction of a national reputa- 
tion. He has held many offices among 
them Congressman and United States Sen- 
ator. His brother, William, and all his 
sons, share in the fame and distinction of 
the affair. Arthur M. Beardsley, the Com- 
missioner is a son of the great Jurist, 
Samuel A. Beardsley, Justice of the 
Supreme Court, and was appointed for his 
eminent fitness. This great trial revolu- 
tionized the Sheriff's office, and its influence 
has been felt throughout the State. Almost 
every year the author has gone to the legis- 
lature for the correction of abuses. Some 
of his briefs have aided in brine- 
ing about changes in the counties 
and cities. More especially for im- 
prisonment under civil process. In ex- 
amining the law during the progress of the 
trial he became convinced that it was a 
relic of barbarism and should be largely 
abolished. Governors Tilden and Robin- 
son were men of national reputation, and 
their action gave prominence and historical 
significence to the case. It was a closely 
contested political struggle. In which 
entered the feeling between Utica and 
Rome. No man was more conspicuous in 
the case than ex-Sheriff David Moulton. 
He wa.9 bound to remove Benedict. It is 
said that party spirit iran high when 
Moulton was removed, and that for that 



28 



reason Governor Seward was severe. When 
the eminent counsel D. M. K. Johnson saw 
politics were being dragged into the case, 
he remarked to the author that he "de- 
spised the man who was cowardly enough 
to sacrifice principle and manhood for pol- 
itical revenge." Yet how many men pay 
their debts and avenge their grievances in 
that way. In these things Oneida county 
has always been a greac sufferer, and will 
be, so long as it is a halfshire county. Had 
such things not existed we believe Ellis H. 
Roberts would have been Governor of the 
State and Roscoe Conkling President of 
the nation. 

FREDERICK G. WEAVER. 

January 1, 1877, Frederick G. Weaver, 
son of the late Sheriff George F. Weaver, 
became Sheriff of the county. He brought 
to the office an experience as Deputy and 
the counsel and advice of his father. 
Being a man of good judgment and careful 
business habits, he soon became a model 
Sheriff. He was young and active, in fact 
the youngest man that ever held the office, 
being only 33 years of age. No deputy 
imderhim was allowed to do any important 
work without bein^ first examined at the 
office in Utica. His brother, Van Rensselaer 
Weaver, was Undersheriff and the two did 
most of the work in person. Sheriff 
Weaver did all the important work him- 
self, both civil and criminal. His first 
capital case was that of David White for 
murdering Solomon Christopher, in the 
town of Vernon, while engaged in a 
drunken altercation. White was con- 
victed and imprisoned for life. Then fol- 
lowed the exciting Bush burglary in Main 
street, Utica. Tliis was a grand piece of 
work, both on the part of the police and 
the Sheriff. Barnard McClusky and John 
Sheehau were arrested for the crime and 
in less than 10 days were safely in Auburn 
Prison. The Oyer and Terminer was in 
session. Judge George H. Harding presid- 
ing. A. special Grand Jury was ordered 
and they were indicted and tried immedi- 
ately. In this case an example was set 
worthy of precedent. Then followed the 
Deerfield burglaries, at Brown's and Bud- 
long's. This was another well managed 
case. To caich the culprits, the Sheriff 
and his deputies had a lively chase over 
the Deerfield Hills and down its ravines. 
When the prisoners were overtaken, one 
was secured and the other took to the 
woods. He was fired upon by the Sheriff 
with the same revolver that shot Conroy, 
the bullet cutting through the shoulder of 
his heavy coat. He then threw up his 
hands and surrendered. They gave their 
names as Thomas Jacques and William 



Alvord. In a short time they were Ian (led 
in Auburn Prison. 

THE GREAT RAILROAD RIOTS. 

Then came the great railroad riots and 
insurrection. Cars were stopped and run 
off the tracks and the curious people as- 
sembled in large numbers. There were 
probably nearly a thousand tramps and 
strangers in the city and all along the dif- 
ferent lines of road. Some were vicious, 
blood-thirsty Anarchists . and bent on 
plunder and the destruction of property. 
They were principally strangers and were 
here principally to pilfer and to rob the 
unfortunates. The excitement grew so fierce 
and threatening that the city was declared 
in insurrection and marshal law enforced. 
The military was all under arras and 
special guards were organized for sentinel 
duty. The milita and veterans were ready 
to march at a moment's notice. These 
forces were all under the direction of the 
author by direction of the Sheriff and the 
Governor. Every available weapon was 
secured and put under guard or buried. 
When all things were m readiness, the 
author rode through the midst of the 
threatening elements, read his commission 
and the proclamation of the Governor 
and ordered them to disperse. The 
elements that were for fire and plunder, 
were bitter and disappointed, for the labor 
element took sides with the author for law 
and order. JbJy good judgment a great 
catastrophe was avoided. At one time, 
when we were addressing the enraged peo- 
ple, we would not have given a $10 note 
for the fine residences of our railroad mag- 
nates and moneyed men. If a great tire 
and panic had occurred, it would have 
bankrupted the county, as all the railroads 
and other great corporations served notices, 
making the county liable and demanding 
protection. As it was, the cost was about 
$20,000. The county was bonded that 
year for $40,000. Some counties along the 
path of the great strikes in the West were 
bonded, foreclosed and ruined by insurrec- 
tion. We mention this to show the neces- 
sity of having a good, reliable man for 
Sheriff. The riots were very much aggra- 
vated by the railroad authorities cutting 
down the wages of their employes and in- 
creasing their own salaries and profits. 

THE LEADER ARRESTED. 

The author put the leading striker 
under arrest, but released him at once upon 
hearing the following statement: "They 
have doubled their Superintendent's salary 
and reduced mine to 90 cents. I have 
earned |5 per day for the same work and 



29 



skill. The superintendent got $1,000 and 
now gets $3,000 for the same work. There 
is no proof of any extra ability on his part 
and no additional duties. He was married 
the other day with great pomp and costly 
array. He wasted thousands in extravag- 
ance and vanity. My children were at 
school, well dresKcd and respected. Now 
they remain at home or go in poverty. Is 
this justice? Isthis right? Is it American? 
I respect you and your official position, 
but have we no redress for our wrongs?" 
We ordered him to tack the proclamation 
of the Governor in a conspicious place be- 
fore his co-workers and advise them all to 
go to their homes, pledging ourselves to do 
all in our power to correct the wrongs. 
On doing this and on their compliance, he 
was released. It would have been a horri- 
ble thing to have irritated them and then 
turned the guns of the military upon them. 
This was done in some places and a dread- 
ful slaughter ensued. In Oneida county, 
decision, composed and calm judgment 
avoided any serious trouble. Out of these 
great strikes have arisen the great labor or- 
gsnizations. The reduction of wages was 
harsh and womed a great injustice. It 
came too suddenly and too severely, but it 
was the history of the world repeating 
itself — "Man's inhumanity, to man, makes 
countless thousands mourn." 

THE AUDITS. 

When the Supervisors met there was a 
strong and exciting session. The bills pre- 
sented by the military and other officers 
were large and many of them excessive. 
A combination was formed to secure their 
audit. Into this combination can e Miles 
C. Comstock with a bill for about $1,300 
for special services and disbursements in 
connection with the Germond burglary 
cases. This was referred to a special com- 
mittee, with Jonathan Jones-, of Utica, as 
Chairman. Members Crossttt, of Sanger- 
field, and Townsley, of Vernon, Eames, of 
Lee and Grant, of Boonville, were bis 
assistants. The first three members of the 
committee made a favorable report. It was 
to the effect that valuable services were 
performed, and in the discretion of tke 
Board should be allowed. 

By various manipulations a majority of 
the members of the Board were induced to 
vote for ihe adoption of the report and a 
draft was ordered. The county was bonded 
for this and other debts to avoid an in- 
crea<<ed levy of \ he tax th»^t year. Jones 
and his committee were inf^icated by the 
Grand Jury for alleged misconduct in 
allowing Com^tock's claim, but before a 



trial could be had. Jones was taken sick 
and died. 

The two latter made a minority report in 
which they said that the claim was un- 
worthy of audit but the report was not 
accepted. For this action, however, they 
were not indicted. 

Comstock's services, it was claimed were 
never authorized by the Sheriff or county 
officials. The committee found that the 
county was benefitted by his services and 
that his disbursements should be refunded. 

BAHN BURGLARS. 

The Sheriff now turned his attention to 
the extermination of a gang of burglars in 
the Third Assembly District. Before he 
got through they were completely annihil- 
ated and about fifteen of them placed be- 
hind the bars at Auburn. Charles Rudd, 
Thomas Keats, James Manning, Michael 
Golden and John S. Kinney were among 
the number. 

TEMPERANCE REVIVAL. 

A great temperance revival now occurred 
under Frost, Evans and McKelvey. Public 
sentiment ran wild against the saloons and 
Excise Board of Utica. The Board and a 
large number of saloon keepers were in- 
dicted. This was the greatest crusade ever 
conducted against the liquor traffic in this 
county, and had it been followed up, would 
have resulted in great good. As it is, all 
that remains Is a few reformed men. 

DANFORD vs. WEAVER. 

One of the most celebrated civil cases 
ever tried in Oneida county was that of 
Danford against Frederick G. Weaver as 
Sheriff. The Sheriff had arrested a well- 
known citizen who had settled a case in 
Surrogate's court improperly and in the 
interest of the widow and in opposition to 
some of the creditors. The matter was 
finally contested and decided aj:ainst the 
man who had » been arrested. It was a 
rather peculiar proceeding and full of sharp 
practice. The arrest was made on several 
attachments from Surrogate's court. Bonds 
were given for the prisoner for the liberties 
of the jail and both sureties died. Their 
estates were settled without notice of the 
liability. The wife of the prisoner was 
burned to death while her husband was on 
the limits. Forest Hill Cemetery is beyond 
the limits line, and the prisoner accom- 
panied the family on the day of the funeral 
as far as the limit line and was about to 
get out of the carriage, when his children 
began to cry and plead with him to accom- 
pany them to the grave. He finally yielded 
lo iheir tears auU crossed the limit line. 



30 



A spy had followed the funeral with a 
horse and carriage in the line with the other 
carriages forming the solemn procession. 
When the limits were passed, suddenly the 
carriage wheeled out of the procession and 
sped bick to the Sheriff's office with a 
Supreme writ to serve on that official. It 
was quickly served by the officer and the 
spy sped back to the line watch in hand, 
but the procession had re-crossed the limits. 
Another spy, however, had accom;anied 
the cortege to the grave and returned with 
it anu on his evidence, corroborated as it 
seemed to be, the jury found that the pris- 
oner was beyond the line when the papers 
were served. This made the Sheriff liable 
for an escape and cost him nearly |3,000. 
The only remedy the Sheriff had was to 
arrest the prisoner when his bondsman or 
bondswoman died or burned to death and 
commit him to jail. Such action would 
have prevented his attending his wife's 
funeral and consoling his children. This 
seems to be the most damnable outrage 
ever perpetrated in the name of the civil 
law and of American jurisprudence. The 
case may be found in both the reports of 
the General Term and of the Court of 
Appeals. The author then swore vengeance 
on body executions as a relic of barbariam, 
and has fought his way to the Legislature 
year by year, till it is now so modified as 
to be almost worthless. He reported case 
after case in various matters until an inves- 
tigation was ordered. There are a num- 
ber of humane statues now on our books 
placed there through his influence and 
advice. 

After citing this record it is almost use- 
less to say that Mr. Weaver was a good 
Sheriff— the fact is, he was never excelled 
— and Oneida county may well be proud of 
Frederick G. and Van R. Weaver. 

FKANCIS X. MEYERS. 

January 1, 1880, Col. Francis X. 
Meyers, of Utica, succeeded Frederick G. 
Weaver. Previous to the war for the 
Union, he was a merchant and shoe 
dealer. When the war broke out, he 
raised a company and was made Captain 
of Co. C. 117th Regiment, N. Y. S. Vol- 
unteers. By meritorious service, he was 
successfully promoted through the grades 
to Lieutenant Colonel of the regiment. In 
the gallant charge on Fort Fisher, he so 
distinguished himself as to win the title of 
Colonel. A resolution of commendation 
and thanks was voted him by the Legi.'- 
lature of the State. He was a bi ave and 
popular solriier participating in all 
the battles of his regiment. At the 



capture of Fort Fisher he was 
badly wounded in the shoulder. In 
politics he was originally a Democrat, but 
from the time Sumpter's guns echoed the 
sound of war he was a Republican, loyal 
to the Union and true and faithful in all 
things. 

The very large and flattering majority 
he received for Sheriff proved the ap- 
preciation of a grateful people. Before 
assuming the duties in the Sheriff's office 
he had failed in the furnishing goods 
business. This proved a great embarrass- 
ment to him in his term of office. He was, 
however, an eminently honest man and de- 
termined to pay all his debts to the full 
satisfaction of all his creditors. After 
starting on his official duties the first case 
to require his attention was that of James 
Welch, Jr., for killing a comrade while in- 
toxicated at Oneida Castle. 

JESSE SMITH AND MATTHEW FLA NIG AN. 

This was closely followed by the indict- 
ment of Jesse Smith and Matthew Flanl- 
gan for the murder of an old gentleman 
named Vedder at North Bay. The case 
was one of arsenical poisoning. Jesse was 
said to be a wayward girl. She ran the 
hotel for Vedder, who had been a Madison 
county farmer. In her younger days 
she was beautiful and bewitching but time 
and dissipation left marks on her counte- 
nance and once almost perfect features. 
The trial was long and tiresome and re- 
sulted in an acquittal. There were all 
sorts of rumors about the jury and their 
conclusion. Jesse is said to have been in- 
timately acquainted with two or three of 
them and that they were very friendly 
to her cause. Her case decided Flani- 
gan's. Poison was found in Vedder's sys- 
tem but no one could identify her with it 
or In its purcase. 

WILLIAM HENRY OSTRANDER. 

The next case was that of William 
Henry Ostrander for killing his brother at 
West Camden. lie was an ignorant, dis- 
sipated aud desperate fellow. The mur- 
dered briither lived in Connecticut and 
was home spending the holidays. They 
quarreled over taking one of tlie younger 
sisters to Connecticut. It was Sunday 
morning aud thev were preparing for 
church. William Henry had been drink- 
ing cider and was ugly and very offensive. 
Revolvers were drawn by each, which 
finally resultcid in the fatal shot. He was 
convicted of murder in the first degree and 
sentenced to be hanged. 



Si 



ANO STODDARt). 

The next case was the murder of James 
Vanderpool by Ano Stoddard in West 
Utica. Stoddard had been doing the sa- 
loons and came home drunk. Vander- 
pool was a veteran of the late war and 
constable of the Ninth Ward. He was 
ca.led in by Mrs. Stoddard to aid in quiet- 
ing her husband. Stoddard flew into a 
passion and shot Vanderpool and mortally 
wounded him. He died in a few days. 
Stoddard was tried and convicted of man- 
slauhhter and sent to the penitentiary at 
bany. 

MICHAEL ROCO. 

Michael Roco was an Italian and shot 
and killed a fellow laborer at Cassville. 
They had been drinking and had an alter- 
cation about a woman who did their cook- 
ing. Roco escaped to Europe, sailing 
from New York to Paris. The Super- 
visors thought It best to let him stay 
there. 

FERDINAND KOENIG. 

Ferdinand Koenig, beat his wife until 
she died, while in a beastly state of intoxi- 
cation. They were both in about the same 
condition. He was allowed to plead to 
manslaughter. 

SALOON MURDER. 

Then came the murder In a West Utica 
saloon for which John Brandt was ar- 
rested -with several others. A drunken 
man was thrown from the building and so 
injured that he died. In this case there 
seems to have been no conviction. 

MILTOK D. BARNETT. 

The bar of Oneida county will wait 
many a long day before it fiLds a young 
man who can excel in eloquence the late 
District Attorney Milton D. Barnett. He 
was a scholar, a fine orator and a brilliant 
advocate. For years while in official life, 
he rode with the advanced tide of public 
sentiment. He was the most popular man 
of his time and full of hope and promise. 
The people looked to him as the guardian 
of their most sacred rites. He had their 
full confidence and respect. But in 
an evil hour, when hh had little thought an 
enemy was at the threshold of his very 
home with a concealed dagger for his 
hsart, jealousy, envy, hatred and malig- 
nant falsehood, were following in his path- 
way. Exposed self-interest knows no 
bounds. The political defamer, like 
death, loves a shining mark. Such was 
the fate of Milton D. Barnett. He was 
indicted for reeeiving a bribe deposited 
with James C. Daly for his benefit to 



quash the Indictment against one Asa 
Jones. When the indictment was quashed 
Jones wanted his money back and Daly 
refused to give it up. If that was all 
there was in the case, Jones could have re- 
covered his money bringing an action In 
the court. Had he done so and If Barnett 
had the money, it would have been re- 
funded. But no, there were other influ- 
ences in the case. Barnett swore he never 
received a cent of the money. We be- 
lieve him. From a persona) knowledge of 
some of the facts, we could not do other- 
wise. We took certain acknowledgements 
that would indicate that the money went 
In another way. Ou the great trial Bar- 
nett was acquitted but ruined. His pros- 
pects were blasted, his hopes were gone, 
his proud spirit was crushed and humbled 
In the dust. He had been suspected of 
crime, the loved ones that confided in him 
were abashed and humiliated. His wife 
and adopted boy were stung to the heart, 
their home was clouded with suspected In- 
famy, the blow was too heavy; It was 
more than he could bear; It shattered his 
Intellect; It grieved him; it sapped the 
vitals of life; death alone brought him re- 
lief. He welcomed it as a sweet harbor of 
repose. If there is anything cruel in this 
world of ours, it is such cases as this. 
Would that every newspaper and every 
scandalizer might realize this fact when 
they utter charges against their fellow 
men. There are innocent hearts that can 
be stung; there are those that suffer for 
others' wrongs. We have said this much 
because we have a knowledge of the facts 
and a firm conviction it is right and our 
love of justice demands it. It cannot help 
Milton D. Barnett; he is beyond the neecl 
of mortal aid, but we sincerely hope it 
may, to some extent, relieve the aching 
hearts and help drive the reproach from his 
memory. He was not faultless. Me may 
have yielded to temptation In some things 
but whatever may be the fact, reader, 

"Gently scan thy brother man. 

Still gentler sister woman, 
Though they may gang a heinous wrong, 
To step aside is human." 

And we are all human. 

OTHER CASES. 

There were other cases of importance — 
among them thit of Henry Renshaw for a 
deadly assault on Dr. John P. Gray at 
his oifice In the New York State 
Lunatic Asylum. He was found insane 
and committed for treatment. Another 
was the killing of Johnny Martin by a 
jealous pal in the Fifth Ward, Utica, but 



32 



the most shocking of all was the wicked 
and cruel operation by Dr. Thomas Spier, 
which caused the death of Mrs. George 
Lawrence. He was a low, misguided and 
drunken brute. One of those men of his 
profession who seek to make a living out of 
the misfortune of unhappy and conscience- 
less young women. Like all men of that 
character, he entertained low, vulgar ideas 
of human existence. Whisky was his idol 
and his God. He had taken too much, 
his hand was unsteady and he tore the 
very vitals from the poor woman's body. 
For this he was arrested and put under 
$10,000 bonds. He was indicted by the 
Grand Jury and a warrant issued when it 
was too late. The villian had escaped and 
forfeited his bail, which was paid to the 
County Treasurer. His escape was made 
on the Utica & Black River Railroad, iu 
the darkness of the night. A spy and 
private detective accompanied him beyond 
the lines. Spier was wrapped in a great 
coat and feigned sleep. The private de- 
tective handed the conductor the tickets 
while sitting in the same seat,ithen changed 
his position to watch while the fleeing cul 
prit slept. This is one of the cases where 
the secrets of the Grand Jury were di- 
vulged to the injury of the enforcement of 
civil law and justice. Every officer and 
juror should have been called into court 
and examined, so that the wrong-doer could 
have been punished. 

RIOTS ON THE WEST SHORE. 

During the last year of Col. Meyers' 
term a desperate riot occurred on the West 
Shore railroad. A band of Italians, about 
200 strong, had gathered on the road, 
where they were laboring between the 
East county line and Westmoreland. 
They became dissatisfied with their pay 
and went on strike. Many of them be- 
came intoxicated and in their madness as- 
sembled their forces at Hampton and be 
yond. They took possession of the 
Brockett Brewery and drank to their till. 
The people all along the line of march be- 
came alarmed and locked and barred their 
doors. Many depredations were commit- 
ted. A dispatch was sent to the Sheriff, 
who, with the author repaired at once to 
the 3cene of action. A posse was sum- 
moned and an exciting battle ensued. The 
author caught the ring leader and put him 
under arrest. The entire band then 
opened the attack with knives, stilletos, 
clubs and stones. During this melee the 
leader escaped. The author ordered him 
to surrender. He refused and drew his 
knife. A more savage and desperate man 



we never saw. As he lifted his arm to 
strike the author shot his knife into the 
air and put a ball through his han 1. He 
then took to the woods in flight. Several 
shots were fired and several of the Italians 
were slightly wounded, A dark and 
heavy cloud hung directly over the con- 
tending forces. There was a clear, bright 
electric flash and a thunder clap as though 
all heaven's artillery had opened upon ua, 
and it seemed as if the clouds had burst 
and the rain came down in torrents. This 
was a lucky thing for the Sheriff and the 
Italians retreated to an old factory near by 
and used them as a barracks or stopping 
place. No oflicer could have been put in 
a worse position. The Italians could not 
understand a word spoken and fought 
like desperate savages. An interpreter 
was called and entered the room and ad- 
vised them to disperse. They now got to 
quarreling among themselves. The 
Sheriff reinforced his posse and the 
author went and directed the Italians to 
at once disperse and leave for their homes. 
As the posse prepared to advance upon 
them they retired. The wounded were 
taken to a doctor's and had their wounds 
dressed. This ended the strike, and all 
went to work but a few desperate leaders 
who fled from the penalties of the law. 

Meyers was a kind hearted, upright and 
honest man, but failed to make as much 
money as some other Sheriffs. 

ANECDOTES. 

One day in the early part of the 
Colonel's term, a large attachment 
was received at the office to enforce 
against the property of Gen. 
James H. Ledlie, who was associated 
with the Colonel in the army. The Gen- 
eral was an old Utica boy and came to this 
city from Nebraska to attend the funeral of 
his mother. He was superintendent of a 
Western railroad. Not thinking of the 
sharp scheme being worked upon him, he 
deposited |13,000 in the First National 
Bank. The money was attached by the 
author for a New York firm. After the 
funeral the General went to draw his 
money to return home and was acivised of 
the attachment. This frustrated all his 
plans, and for the world he wnuld not let 
his corporation know of it. lie went to 
New York and arranged to settle. His ar- 
rangements were all perfected but Sheriff's 
fees and disbursements which amounted 
to about $400. The General and the 
Sheriff talked about war times and their 
friendly relations while before Petersburg 
and the various other struggles in life. Fi- 



33 



nally the General told of his trials and af- 
flictions and asked the Colonel to take $100 
The author stepped up and told 
the Sheriff he would wait many a 
long day before he got another such a fee. 
The Colonel responded, when he told me 
of his troubles and the old war associa- 
tions and the hardship it would work: "I 
haven't the heart to take any more" . 

On another occasion a large execution 
was received against Gen. James G. 
Grindley. The Colonel was instructed to 
go to his house and make a levy. The 
Colonel went to the General and told him 
of his troubles and the cause of his em- 
barrassment. They chatted of old times 
and the changps of business and its disap- 
pointments. The General agr ed to pay 
It as fast as he could. The Colocel left 
without making a levy. The author 
asked him if he had levied. He said he 
had not the heart to do it. It looked like a 
breach of confidence of a friend in friend. 
"In war times I would trust him with my 
life, and I will trust him now. I can't do 
It." c3o the author had to go and make 
the levy. These things look harsh, but 
they have to be done and done right. 
If the levy had not been made in this 
case just when it was, the bheriff would 
have been liable for the entire amount of 
the judgment as other creditors were 
awaiting their claims. No Sheriff can le- 
gally show charity until he secures him- 
self and his processes. 

The Colonel was a brave and kind- 
hearted man. Had he been County Clerk 
instead of Sheriff, he could have saved a 
fortune. His heart whs too biir for the 
stvere duties of Sheriff if he wanted to 
make money. Few nobler men live to- 
day. As it was the business was all done 
in the best possible manner, but with 
small fees and malice toward none and 
charity for all. Spriggs & Mathews were 
his counsel and legal advisers in all that 
pertained to his office. The Colonel 
ought to be rich in friends if not in this 
world's goods. He is naturally honest, 
upright and deserving. 

THOMAS D PENFIELD. 

In the great and stirring campaign of 
1882, there was a generel revolution in the 
politics of Oneida county. Only one Re- 
publican was elected and that was County 
Clerk and he was snatched as a brand 
from the burning. The State also went 
Democratic by an f>verwhelming major- 
ity. Grover Cleveland, an old Oneida 
county boy, was elected Governor over 
that eminent scholar, jurist and statesman, 



Charles J. Folger. And the ambitious and 
crafty politician, David B. Hill, was elected 
Lieutenant Governor by the greatest ma- 
jority of them all. This was a campaign 
of hatred, bitterness and revenge. Princi- 
ple, manhood, integrity and worth were 
all sacrificed on the altar of political ven- 
geance. Spite triumphed over right; po- 
litical greed over gratitude and justice. 
The Utica Morning Herald had sup- 
ported the citizen's (Democratic) candidate 
for Mayor in the city election 
in the spring and omitted the names 
of the party in the general elec- 
tion in the fall. Its friends and its foes all 
went to the wall together and foreshad- 
owed the defeat of their Presidential 
candidate in 1884, James G. Blaine. 
Conkling and Piatt had tesigned from the 
United States Senate, the lamented 
Garfield had been murdered, and 
Chester A. Arthur was President 
of the nation. The Republican party In 
the county of Oneida was in a state of 
political chaos. But, fortunately for the 
people, the Democracy nominated for 
Sheriff one of their most esteemed and 
venerable leaders, Thomas D. Penfield, of 
Camden. He was born and raised in the 
county and was a native of the tuwn. The 
ruins of a little old log cabin on the hill- 
side about two miles from the village of 
Camden, marks the spot of his birth. 
What remains is now covered by the fra- 
grant wild flower and delicate ferns while 
the woodvine twines around the decaying 
posts and sleepers. It is a lovely spot and 
a fit reminder of younger days. No won- 
der his eyes are dimmed with tears as he 
recalls its grateful remembrances. Here 
he played in childhood and loves to linger 
still. Here was father; here was mother; 
here were the sweet and lasting impres- 
sions of youthful days. Here the heroic 
manhood was developed for the life of use- 
fulness that followed. From here he 
moved to the village to learn the boot and 
shoe trade before he reached his majority, 
and in the village he has resided ever since. 
Its improvements and advancements have 
been nis greatest pride and pleasure. He 
has honored the village and the village has 
honored him. To write the complete his- 
tory of the one, would almost be the his- 
tory of the other. He was born Novem- 
ber 22, 1813— nearly 77 years ago. His 
father was a Connecticut farmer and set- 
tled on the homstead (Camden) farm, 
where Thomas was born in the early days 
of the century. He was married to the 
mother of the subject of our sketch in 
1807. In those days the young boys were 



34 



fortunate who could enjoy the benefits and 
the privileges of the district schools. They 
alone furnished the education of many of 
our greatest and most eminent men. Such 
alone were the opportunities and the privi- 
leges of Thomas D. Pentield. After learn- 
ing his trade, he followed it as an occupa- 
tion for many years, and by industry and 
skill, succeeded in amassing an independ- 
ent fortune and building a fine residence 
and shop. He now sought to invest his 
earnings in other business avocations for 
the benefit of the village. In 1854, he 
purchased of the late Sheriff, Gen. Lyman 
Curtis, all his right, title and interest in 
the flouring and grist mills. He now be- 
came a partner of that succcosful 
business man. F. H. Conant, who 
also owned an interest in the mills. 
On this property is located the ele- 
gant stone mansion of Sherifl; Lyman 
Curtis, now owned by Sheriff Penfield. 
Two years later, Mr. Conant sold his inter- 
est to Thomas Stone, a brother-in law of 
Mr, Penfield. The firm continued in busi- 
ness until the death of Mr. Stone,in 1861. A 
few years later, his son, Hon. Benjamin D. 
Stone, became and ever since has been a 
partner of Mr. Penfield in the mill busi- 
ness. 

Mr. Penfield is one of the very few men 
who have actively engaged in politics and 
successfully managed a large private busi- 
ness. From a poor, honest and indus- 
trious boy, he has become a wealthy busi- 
ness man and great land owner. In politics 
he has always been an ardent and consist- 
ent Democrat. His public life was inaugu 
rated as School Commissioner in 1843. 
He next served as Justice of the Peace and 
as Justice for the Oneida County General 
Sessions. For 11 terms he has represented 
his town in the Board of Supervisors, his 
first term was in 1851 and his last in 1886. 
In 1856 he was duly elected to the State ^ 
Assembly as a Democrat, and again in' 
1862. He was a war Democrat and stood 
for the Union and for the freedom of the 
down-trodden and oppressed. Be it said to 
his great credit, that he voted to maiutaia 
the war policy of President Abraham Lin- 
coln, and in advocating such a course, stood 
alone among the members of his party. 
Some of them reproached him and as- 
sailed him with taunts and sneers. But no 
scoffs, no taunts, abuse or jeers could move 
him from his conviction ot duty. He was 
for his country; he was for a united na- 
tion and stood up to be counted for the 
Union every time and for the abolition of 
human slavery. 

This will ever stand among other noble 



deeds as a monument of glory and the 
proudest monument erected to his mem- 
ory. Oa the second ballot and final pas- 
sage of the act, 11 other Democrats came 
over and voted with him and the loyal Re- 
publicans. 

It takes a brave man to break- away 
from a party under such circumstances. 
But such was the act of Thomas D. Pen- 
field. Recall the exciting times: The war 
cloud; the approaching enemy; the 
threatened invasion of the North; the ter- 
rible suffering; the half mounted flags; the 
defeats of our army; the discouragements; 
the blood and tears, and it needs no com- 
ment. Words are far too feeble to give 
expression to the grandeur of the thought. 
There was weeping at almost every fireside 
and in many homes a vacant chair; our 
churches and our schools were draped in 
mourning and our land was drenched with 
blood. The sound of chiming bells and 
marshal music floated in mingled, yet 
mournful harmony upon every breeze. 
Vicksburg had not fallen; Gettysburg had 
not been fought, yet the voice of Penfield 
was for the Union. In 1879, he was for 
the fourth time elected to the Assembly 
and again did himself and constituents great 
credit. Governor Robinson spoke of him as 
the man who always voted on the rigat 
side. For years be has been prominent in the 
county affairs of Oneida and its religious, 
agricultural, mercantile and manufactur- 
ing industries. As a member of the agri 
cultural society, he has many times been 
honored as its "President and as a member 
of its executive committee. He has been 
nine times President of the village, served 
as Water Com mission 3r and several times 
as Commissioner of Highways for the 
town, as well as almost every other local 
office. 

In 1872, Mr. Penfield was nominated for 
Congress by the Democratic Convention, 
wiih the assurance of election, but he re- 
fused. The Coukling wing of the Re- 
publican party had guaranteed their sup 
port as well as had the Liberals. Scott 
Lord was finally nominated and elected. 
He was a law partner of Hon. Roscoe 
Conkling. This was the beginning ot the 
open war of the factions and resulted in 
the defeat of Cougressman, Hon. Ellis H. 
Roberts In this year the Prohibilioa 
party had a full ticket in the field. Dr. 
R. E. Sutton ran for Congress. In 1879, 
he was a member of the Board of Equili 
zation, and with Harvey Head, of Paris, 
and with Col. Pierce, of Bridgewater, vis 
ited every town in the county to properly 
adjust all matters of difference between 



35 



city and towus. It is said that if their re- 
port had been lived up to, no further 
trouble need have occurred. He duly- 
qualified as Sheriff January 1, 1883, and 
entered upon the discharge of his duties. 
The author's time then expired and he re- 
solved to retire from public life-. While 
seeking other avocations Sheriff Penfield 
sought his services and his counsel and en- 
gaged him for his term. And, though differ- 
ing many times in politics, our personal 
relations were most pleasant, agreeable and 
profitable. Penfield was a high-minded 
citizen and prudent Chistian gentleman. 
Being such, he could not fail to make a 
most excellent Sheriif . 

The first great capital case that came up 
under his admistration was one of homi- 
cide at Vienna. 

LYDIA SCOVILLE. 

Lydia Scovllle was charged with taking 
the life of her own infant child. She was 
the victim of fraud and deceit and the low, 
vulgar passions of a vile and inhuman 
monster. The story of her ruin, down- 
fall and disgrace is a sad one. Robbed of 
her innocence, the pride of her 
home, she was turned into the world 
friendless and unsheltered and left with 
her illegitimate offspring to wander and 
die. No one would employ her with 
her child. She groped in the darkness 
with her starving babe upon her breast, 
mourning and weeping until reason was de- 
throned, and then despairing of aid and 
relief, she stayed the breathing of her in- 
nocent and sleeping babe and buried it be- 
neath the moss ana laurel near a weeping 
willow. When charged with the crime 
she truthfully told the story of her wrong 
and the crime, and her plea of man- 
slaughter was accepted by the District At- 
torney and the court. The kind-hearted 
and generous Sheriff pleaded for her life, 
and when she was sentenced went with her 
to plead with the keeper of the peniten- 
tiary for her proper care and protection. 
His influence washer noblest shield; his 
love of justice her greatest beneiac- 
tor. 

BLEECKEK STREET TROUBLE. 

In llie early part of Penfield's term 
came the Bkeeker Street Railroad trouble. 
Out of tuis has groivn some very ex- 
pensive and tedious litigation. In junc- 
tions were granted aud openly violated. 
Papers were served and disobeyed. Sev- 
eral arrests were finally made for miscon- 
duct wliile tearing up railroad ties and 
rails. The corporation served notice on 



the Sheriff to make the county liable. 
This necessitated a guard which cost the 
county several hundred dollars. After 
much delay and diplomacy, the matter was 
agreeably settled. 



CAPITAL CRIMES. 

The murder of John Hughes at the 
State Asylum by James Brown and Frank- 
lin Bills, by crushing his side and back 
while endeavoring to remove him from a 
chair came on for trial at Utica. Brown 
was convicted and Lned $1,000. Then 
came the arrest of Michael Boylan for 
murder at Rome. He and a young man 
named Spellicy had been doing the saloons 
and finally got into a drunken altercation 
and Boylan fought and stabbed Spellicy 
near the heart. Poor Spellicy wandered 
away and died in the street. Then fol- 
lowed the most dreadful and shocking 
murder of Theresa Johnson by Calvin 
McHarg at Forestport, Having made an 
attempt to violate her person and failed, 
McHarg turned and shot her down like a 
dog. He was convicted of murder in the 
second degree and imprisoned for life. 
McHarg was a low, lecherous and craving 
libertine and deserved his fate. His case 
was hardly disposed of when John and 
Michael Funnell were indicted for killing 
Joseph Parette while desecrating the Sab- 
bath in a drunken carousal. John was 
convicted and sentenced for life. Michael 
escaped to Italy. The next case placed upon 
the calendar was that of a Chinaman at 
Rome. 

FONG AH YU. 

His name was Fong Ah Yu. He killed 
a fellow Chinaman In a laundry at Rome. 
Pretending friendship he soon obtained the 
coq^deuce of his victim, and while enjoy- 
ing his hospitality, and sleeping by his 
side upon his couch, drove a dagger to his 
heart. It was the coolest piece ot villiany 
and murder that was ever perpetrated in 
Oneida county. The case was handled 
with great skill and ability on the part of 
the people and defense. The prisoner es- 
caped to Canada but was extradited, tried 
and imprisoned for life. 

JOSIAH PERRY. 

The defense of this coldhearted and 
senseless Mongolian was conducted by 
Josiah Perry, of Utica, and had it not 
been for his skill in advocacy and pathetic 
appeal to the jury, the Sheriff would have 
undoubtedly cracked his neck and put an 
end to his miserable existence. In the 
midst of his argument. Perry grew very 



36 



eloquent In speaking of the wayward wan- 
derer, the homeless, friendless, unsheltered 
victiui oj prejudice and alien rage; away 
from home and kindred, with no one to 
counsel or render sympathy in his mis- 
fortune. The defense was an alibi and 
that another might have done the foul 
deed. On this theory Perry, by his elo 
quence, fairly begged him off and saved 
his life. The jury was composed of kind- 
hearted, Christian men, and some of them 
during the trial grew weary of the thought 
of capital punishment. In these days of 
unsullied public sentiment jjries are more 
apt to be lenient than ever. 

WILLIAM HENRY 08TRANDER. 

The case of William Henry Ostrander 
was confirmed in all things by the Court 
of Appeals. He was, accordingly, resen- 
tenced to be hanged, by the judges of the 
Supreme Court. He was finally executed 
by Sheriff Penfield at the old jail in Utica 
in August, 1883. Before he was hung, a 
committee on lunacy was appointed, who 
declared him sane. No one who attended, 
the execution would have much confidence 
In their opinions. He cursed and swore at 
the audience, even while prayer was being 
offered, and on the very threshold of 
death. The Sheriff did his duty and did 
It well, under very trying circumstances. 

W. A. MATTESON. 

During most of Penfleld's term, W. A. 
Matteson was District Attorney, and, 
though a Republican, everything passed 
harmoniously and the criminals feared and 
trembled. Matteson was a man of good 
judgement and a very successful prosecut 
Ing officer. So has been his successor, 
Hon. Tiiomas S. Jones. The police forces 
in Utica and Rome have also been greatly 
Improved. 

THE NEW JAILS. 

The new jails at Utica and Rome were 
completed during Sheriff Penfleld's term 
and were duly occupied by his jailors. 
They are models of architecture, safety 
and convenience. In connection with the 
jail at Utica there is a workhouse for 
breaking stone. The scheme was first ad 
vocated by the late John F. Seymour as a 
humane enterprise to keep the prisoners 
from vice and the school of evil, taught by 
the vicious In the prison Sheriff P'enfield 
made a dignified and successful officer. He 
believed in running all the courts and 
making appointments that would command 
public esteem and respect. He is yet liv- 
ing to enjoy the fruits of his labors at his 
beautiful home In Camden. 



THE OLD GRIST MILL 

A peculiar instance occurs in the Sheriffs' 
record about the old mill at Camden. Gen. 
Curtis, who was Sheriff from that town, 
owned the grist mill now owned and run 
by Thomas D. Penfield. Sheriff Curtis 
sold it to Sheriff Penfield. In the history 
of that old mill la a grand biographical 
sketch of the two Sheriffs, and quite a lit- 
tle of the political history of the town of 
Camden. Nearby stands the old stone 
mansion of the General. Some day the 
author hopes to be able to give some very 
interesting reminiscences of these histori- 
cal spots, when writing of the good men 
and true of Oneida county. 

JOHN BATCHELOR. 

In that most exciting of all campaigns 
of 1884, Grover Cleveland was elected 
President of the United States over the 
Plumed Knight of Republican leadership, 
James G. Blaine. Oneida countv, for the 
first time in more than three decades gave 
a majority for the Presidential candidate of 
the Democracy. The friends of that stal 
wart leader, Hon. Roscoe Conkling, be 
came the avengers of their tried and ever 
loyal companion, Charles J. Folger. 
Under their war cry the Republican 
standard was furled away for another bat- 
tle. Blaine, with all his brilliant great- 
ness, could not marshal them for his 
cause. They never ceased their toil, they 
never tired of the work until the wires 
flashed the news of his defeat, and then 
they claimed the battle as their own. 
But is it true? We often thought so, until 
we read the published statement that Hon. 
John B. Finch, a Prohibitionist leader, 
was the Blucher in this modern Waterloo. 
His bosom friend in the putjlished state- 
ments of that canvas makes him the prom- 
ulgator of "Rum, Romanism and Rebel- 
lion." He took and verified the steno 
graphic notes that so electrified the world 
Manning and Fined were bosom friends 
and often worked and roomed together * 
Both were origmally De;nocrats, and boch 
have now gone to their final rest. But 
whatever may have been the real fact the 
Republicans were badly disorganized in 
Oneida county. In the fall of 1885, 
they met in convention and nominated to 
lead the ticket for Sheriff John Batchelor 
of Utica. He was a native of the city 
and a son and partner of tlie great agri- 
culturist, Daniel Batchelor, of the Farm- 
ers' Club. For years their store on the cor- 
ner of Hotel and Liberty streets had been 

♦See International Good Templar, of London, 
Canada 



37 



the political headquarter? of tlie tillers of 
the soil. Daniel, like the biblical hero 
after whom he was named, was a Stalwart 
amon^ Stalwarts, and would rather face 
the lion in his den than surrender the 
smallest mite of his admiration for the 
pure and spotless baaner of Roscoe Conk- 
ling. John was for the party every time 
and was bound to lead it on to victory. 
Together they made a powerful factor in 
its reorganization. The office must be re- 
deemed by the Republicans. And it was 
redeemed. Previous to his election, Sheriil 
Batchelor had held several positions under 
the national and municipal government. 
He was their Supervisor from the Fourth 
Ward of the city. January 1, 1886, he 
duly qualified and entered upon the dis- 
charge of his duties, and served through 
three very trying aud exciting years. The 
record shows an unparalelled amount of 
crime in capital cases. From beginning to 
end there was murder, blood and tears. 
He has since acted as tlndersherill under 
Sheriff Wheeler. 

JOHN BENDEB. 

The first capital case under his care was 
that of John Bender. Bender was inter- 
ested in a hotel in Deerfield, just across 
the bridge from Utica. Thomas Gray was 
interested in what was known as 
the old American in Utica. They had 
disagreed on several occasions. Unex- 
pectedly, one evening, they met at the en- 
trance of a place on Broad street. Then 
came a war of words, a fight, and finally 
Bender shot and killed Gray. At the time 
of the murder public sentiment was all in 
favor of Gray. Bender was convicted of 
murder in the second degree and impris 
oned for life. Since the trial many who 
saw the battle and the shooting think the 
sentence was too severe. But the jury 
found in that degree, and that must end it 
until changed by appeal or commutation. 

CHAEL ROARK. 

The trial of Chael Roark for express 
roboery and gagging and shooting one 
Charles Leak, on the West Shore Railroad, 
was one of the most difficult ever 
broughts before the courts of the 
county. No pains or money were spared 
to convict the offender. The management 
on the part of the District Attorney, de- 
tectives and officers, was marvelous and 
faultless. The matctiiag of torn bills, 
pieces of sealing wax, strings, footmarks, 
identification of tones of voice and the es- 
tablifehnient of other evidence of guilL were 
very skillful and exquisite. By this means 
the evidence was wound so tightly around 



the prisoner that he was convicted and 
given the longest term for the crime. He 
was said to be a desperate man and had 
been identified with other crimes in the 
far West. He was a powerful man, one of 
the Jesse ., ames stamp, full of exploit and 
daring. 

CLEMENT ARTHUR DAY. 

The next case was the indictment and 
trial of Clement Arthur Day for the mur- 
der of Joan M. Rosa, near Boonville, July 
9, 1887. Joan was once a beautiful and 
lovely girl, well educated and scholarly. 
She had a natural taste and talent for 
music. In this respect she is said to have 
been brilliant. The home of a widowed 
mother was made happy by her presence. 
It was near Oneida Lake in the town of 
Vienna. She was fond of the beautiful 
in nature and art. Her mother attended 
to the home duties while she taught music. 
In her charming presence that rural home 
was bright and happy. But in the midst 
of all this joy and gladness the destroyer 
came and the little paradise on earth was 
made a hell. An otlicer of the law, yet a 
defamerof his own home, a despoiler of 
virtue, entered this blissful Eden and 
plucked the fairest of flowers. His breath 
was poison, his hand polluted all it 
touched. He crushed a mover's heart, 
he blasted the fair prospects of her prom- 
ising child. This vile seducer, when he 
had accomplished his hellish work, turned 
coldly away and left her in her shame. 
Day found her in her sorrow and despair 
and spoke consoling words. He promised 
to care for her in her misfortune. They 
became attached but poverty stared them 
in the face. Day, too, was fond of music 
and delighted in the harp and violin, but 
he was jealous, low and cunning. They 
strayed away from home, further and fur- 
ther into the world." They became wearied 
and lay down, like tired children, to rest 
where night overtook them. Fate at last 
brought them to a poor hovel on the banks 
of the Black River Canal near Boonville. 
Is it a wonder that in this condition poor 
"Rosa" longed for home, though it were 
ever so humb.e? Is it surprising she 
reached out the hand for a friend in this 
condition of poverty and want? She 
longed for mother; she sighed for some 
one to whisper words of kindness and af- 
fection to her. Her mother had sent a 
message to her to come. Day despaired of 
her return and opposed her going. She 
started to go and in a tit of anger he 
drove the cruel dagger to her heart. He 
claimed her as his idol yet he slew her. 
He claimed he loved her, but it was the 



38 



love of a low vulgar heart. Such love is 
the gall of bitterntss to the pure soul. It 
seeks alone the gratification of the pas- 
sions, it feeds on lust. Such a being 
pollutes and mildews everything it comes 
in contact "with, and the sooner he is ban- 
ished from the good and pure, the better 
for society, the belter for the world. The 
law destroys such to save the good and 
virtuous from their wrath and destructive 
influence. Would that this lesson might 
be taught to all who seek to make 
a farce of the law when dealing with the 
institutions where congregate the slayers 
of the body and the soul; public defamers 
who despise heaven and blaspheme God. 
Clement Arthur Day was a graduate of 
such schools of vice. He confessed his 
error when it was too late, and wept in 
anguish, but all his tears could not wipe 
the stain from his polluted heart. Yet 
society in permitting these things to exist, 
is nore to blame than he. Had he not 
been surrounded by such influences he 
would have been a better man At last 
the crime ripened into murder and the 
penalty was death. He was executed at 
Utica by Sheriff Batchelor according to 
his sentence. In his last moments he 
sighed for a better life, he longed for for- 
giveness. But his final destiny is in the 
hands of Him, 

"Who made the heart;. 'tis He alone 

Decidedly can try us. 
He knows each care — its various tone, 

Each Spring its various bias . 
Then at the balance let's be mute, 

We never can adjust it. 
What's done we but partly can compute, 

And know not what resisted." 

CEDAR JOHN. 

The next murder was that of "Cedar"' 
John, or John Kenline, at Stittville, July 
16, 1887. This was another unfortunate 
affair. Happy John had one failing, and 
that was love for the intoxicating cup. 
He came home from work on the evening 
of the murder deranged by its influence. 
He was truthfully "paralyzed." This has 
become a vulgar phrase, yet it is the truth , 
He found his tenement occupied by one 
Frederick Lipe. They had been friends, 
but whiskey, John's great foe, made ene- 
mies of the pair. The little hut, so often 
filled with frivolity and song, became tne 
scene of a ghasily murder. They quar- 
reled and Fred grabbed the fatal ax and 
struck the fatal blow. To day he lan- 
guishes in States prison at Auburn. 

JOHN MINING AND OTHERS. 

Another indictment for murder was 
that of John Mining. There were also a 
large number of other cases of less de- 



grees, a full mention of which would fill a 
large volume. King Alcohol seems to 
have been the vital cause and champion 
slayer of mankind. Lorenzo Marchitto 
made a slaughter house of a saloon in 
West Utica. There are some cases yet un- 
tried and it would be unfair to mention 
them until their history is complete. 

VIRGIL JACKSON. 

Now we come to the celebrated case of 
Virgil Jackson for killing Norton iVletcalf , 
at Augusta, January 13, 1888. He was 
indicted for murder, tried and con- 
victed and sentenced to be hanged 
at the new jail in Utica. An 
appeal was taken and a stay granted. 
Jackson was an educated man, a fine vocal- 
ist and fair musician, the popular singer in 
a church choir. He was the heir lo a 
large fortune, the good influences of a 
Christian home. His prospects for a use- 
ful and promising life were the very best. 
But he entertained low and vulgar ideas of 
moral responsibility. He loved to be with 
those who congregate in public places for 
mirth aad vulgar pleasure. In his weak- 
ness he yielded to temptation and fell. He 
sacrificed home, a wife's love, the tender 
affection of his children, his fortune, his 
honor, his manhood, his Christian influ- 
ences, all for lust and the gratification of 
his passion. He became a bold and 
lecherous libertine, a heartless murderer. 
In his cravings he betrayed his wife and 
crept sljulkingly into the homo of his 
friend to lead a life of infamy and shame 
with the idol of that friend's heart. He 
became so loathsome and vile evei"ything 
virtuous and pure fled fronn his polluted 
presence. He was so hardened in his 
crime of adultery that he followed his vic- 
tim to the very sanctuary of God, and 
blasphemed at the very altar of repentance. 
From that place of worship he followed 
the object of his desire to the very thres- 
hold of her husband's protection where it 
was supposed they might dwell In safety 
and repose, crowned with virtue and with 
honor. But there was no repose; there 
was no protection from the lustful and 
murderous longings of this vile monster of 
human depravity. While the church bells 
were yet ringing out their notes of warn- 
ing, while the Sabbath sun was Orighlly 
shining in the clear, blue sky, and all of 
mankind seemed lo be enjoying the peace- 
ful quietude of the sacred day, Jackson 
broke the stillness of the hour by coarse 
words, a shot and the cry of murder. Poor 
Metcalf, seeing his wife in such hands, 
met her at the gate of his own home, he 
rebukes them in the name of honor and 



39 



the purity of his household and is slain. 
Such is the story of this crime. 

The Court of Appeals confirmed the de 
decision of the Court below and Jackson 
was hung by Sheriff Wheeler March 14, 
1889, at the new jail in Utica. This will 
probably be the last execution in Oneida 
county as all prisoners are now taken to 
Auburn Spates Prison for imprisonoment 
and for execution. 

THE RAILROAD WAR. 

One of the most novel affairs in the his- 
tory of the Sheriff's office was that of the 
contending railroad forces of the Delaware, 
Lackawana & Western Company and the 
Ontario & Western Company against those 
of The Utica City Belt Line Street Rail- 
road Compsaiy. We had passed through 
many similar scenes when outside parties 
were the aggressors, but here was a fight 
betwten railroads and street railroad 
corporations warring among themselves. 
The greater combining and trying to crush 
the lesser, each with their learned counsel 
and legal advisors. In order to enjoy the 
full benefit of the franchises, the Belt Line 
must cross the Delaware and Ontario. The 
work was completed, except the laying of 
the rails between the tracks of the great 
corporations. New and much needed en- 
terprises were fast springing up in the 
western part of the city near the Eureka 
Mower Works. These people the Belt 
Line desired lo accommouate. Their 
tracks must be completed, they must cross 
the other roads. They were laid down by 
the Belt Line and torn up by the workmen 
of the other roads. This was repeated 
time and again ;intil the people became in- 
dignant and enraged. Papers were served 
upon the Sheriff, making the county liable 
for any destruction of property. Each 
and every corporation claimed superior 
rights to the other. The attorney of each 
had looked up the law and knew he was 
right. Had we bet^n obliged to rely upon 
their advice the county would have been 
the sufferer, but the discipline secured 
under that old railroad champion, D. 
Minor K. Johnson, now came iqto play, 
and our own experience fully prepared us 
for the event and the occasion. On the 
.start the Ontario and the Delaware had 
the advantage of an operated road. They 
had engines, cars, men and the right of 
way But they lacked tact, skill, 
diplomacy, and good judgment. Tbey re- 
lied too much on brute force, and in that 
way enraged the people against them. As 
the Belt Line men laid the necessary tracks 



they removed them, and an engine fitted 
for the occasion was worked to prevent 
their being relaid. 

But the Belt Line again watched their 
opportunity and their men laid them down 
again. A band of men was brought by 
special train and again tore them up. But 
again they were relaid, and this time 
Treasurer Charles W. Mather planted his 
horse and carriage in front of the hideous 
looking engine and bade them defiance. 
Under the direction of their counsel the 
railroad was now put in active operation, 
and as car after car passed, the assembled 
multitude grew wild with applause and en- 
thusiastic cheers The Sheriff and his 
deputies must now do their duty and ar ^ 
rest all persons interfering with the prop- 
erty so as to endanger the traveling pub- 
lic. The rights of the innocent must be 
protected. There was great excitement 
for several days and much confusion. 
Some of the workmen let their angry pas- 
sions rise and were arrested. Fin&Jly in 
their calm movements the representatives 
of the great corporations met and mutu- 
ally settled their differences, leaving the 
Belt Line in full possession of all their 
corporative rights. Perhaps no railroad 
corporation has had more impediments 
thrown in its way than the enterprising and 
thrifty Belt Line of our city. In their ef- 
forts to perfect their road and render good 
service to the people they have been fre 
quently obstructed by those who love to 
indulge in the luxury of a law suit. 
Action after action has been commenced to 
restrain them from proceeding with their 
improvements to keep up with the neces- 
sity of the times. In junction after injunc 
tion has been served and the Sheriff called 
upon to enforce the mandates of the 
courts. But in almost every case it has 
come out victorious, and in most every in- 
stance the ir junctions have finally been dis- 
solved and set aside. So at last we glide 
along in the electric coach, the oresent 
pride and delight of the city. In all these 
leeal triumphs their young attorney, John 
W. Boyle, has shown great tact, profes- 
sional skill and good judgment and diplo- 
macy. He has well earned the success 
tnat has crowned his efforts. The Sheriff 
has had to walk the line of duty, protect- 
ing tne rights of all and guarding with a 
zealous care the interests of the sovereign 
people. 

John Batchelor, being a prompt and en- 
ergetic business man, succeeded well as 
Sheriff. He was prudent, economical and 
industrious, and now enjoys the benefits of 
a Iwautiful and pleasant home on Rutger 



40 



street, in his nativecity. He is one of the 
most genial and affable men we were ever 
associated with, and we sincerely hope he 
may live long to enjoy the fruits and 
honors of his successful official labor. His 
term was full of trying cases and many 
important criminal and civil causes, which 
often called for discretion, skill, ability 
and a nerve of iron. He was ever equal 
to the task, and his efforts have been 
crowned with success. For some reason 
during his term there seemed to be an un- 
usual amount of crime. From the record 
we draw these conclusions: Increased 
population and looseness in the license 
laws. The low places, where many of 
the crimes are committed and which some 
times come into the hands of the Sheriff 
by virtue of civil processes, are dirty 
haunts of vice and disease-, ifnwholesome 
pests in the community, fit subjects for the 
investigation of the Health Officer and his 
inspectors. 

THOMAS WHEELER. 

The year one thousand, eighteen hun- 
dred and eighty eight was a Presidential 
year, and many indeed were the candi- 
dates for the office of Sheriff. Both 
parties were anxious and determined to 
elect their whole ticket. The Democrats 
had the advantage of tne national patron- 
age. Strong men were sought for with a 
large personal following. After balloting 
for hours the RepubJicans nominated 
Thomas Wheeler of Utica. This was the 
soldiers' campaign. Benjamin, Harrison, 
their candidate for President was a soldier. 
Warner Miller, who ran for Governor, 
was a soldier and Thomas Wheeler was a 
soldier. The influence of the Southern 
Democracy in the Democratic caucus 
had alarmed the sturdy veterans of the 
late war so they rallied around the stand- 
ard of General Harrison. No organiza- 
tion in the whole campaign had a greater 
influence on the voters tban the veteran 
Forty Rounders. The canvas was bril- 
liant and successful. Oneida county went 
overwhelmingly Republican. Wheeler's 
majority was the largest ever given to any 
candidate for Sheriff, aggregating over 
4,000. Prior to his election he had been 
policeman, deputy sheriff and county de- 
tective. He had also held several posi- 
tions under the municipal government of 
Utica, among them Health Commissioner 
and Inspector. For many years he was in 
the employ of the New York Central and 
Hudson River Railroad Company, as 
special detective and police officer. In all 
these positions he had won an enviable 



reputation as a competent and efficient of- 
ficial. Perhaps there is not a better organ- 
izer in the State. When he makes a friend 
he holds him and puts him in line. This 
is done by keeping his word and never be- 
traying a friend or trust. 

HIS WAR RECORD. 

In 1862, at the age of 16 years, he enlist- 
ed in Col. Joseph S. Lowery's Co. C, 146th 
Regiment, New York State Volunteers. 
This regiment was called the Fiftn Oneida 
and was one of the finest military organi- 
zations in the Army of the Potomac. 
Shortly after their arrival at the front in 
December, 1862, they were marched id- 
rectly to the battle of Fredericksburg, and 
were at Chancellcrville, Gettysburg and 
almost all the great battles of Grant's cam- 
paign frum the Wilderness to the surrender 
of Lee at Appamatox Court House. 
They were a fighting regiment and early in 
their history were reinforced by the three 
years' veterans of Gen. James McQuade's 
old 14th, the First Oneida and those of the 
gallant 44th and from other sources. 
Their history is full of glowing and meri- 
orious service. .Being in the, old 5th 
Army Corps, they were as well dis- 
ciplined and marched with the precision of 
regulars. The record of Thomas 
Wheeler is closcily identified with that of 
the gallant 146th. From a boy private of 
sixteen years, he was successively pro- 
moted until he came home at the close of 
the war, a Lieutenant in command of his 
company. Here is where he got in the 
tide that flows on to fortune. He was 
kind and generous with his command and 
his command were grateful and generous 
in the time of need. In his canvas they 
stood by him with their votes, lead by their 
commander, Gen. James G. Grindley. 
Lawery and Grindley were both Democrats, 
but they were both for Wheeler. 

HIS CANVAS. 

After coming home from the army, 
Wheeler made some mistakes and commit- 
ted some grave errors which were the sub- 
ject of a vigorous attack in his canvas for 
Sheriff. But being a frank and open- 
hearted man, instead of trying to hide his 
faults and cover up the unfortunate things 
done in thoug))tless moments of tempta- 
tion, he appeared before the people and 
frankly admitted his mistakes and ex- 
pressed a deep regret He promised, if 
elected, a faithful performance of duty 
without oppression, fear or reward. The 
people took him at his word and expressed 
their confidence in the overwhelming ma- 



41 



jorlty given. His competitor was also a 
brave Virginian and soldier of the Union 
army, Dr R. E. Sutton, of Rome. His 
name is identified with many of the most 
benevolent enterprises of Oneida county, 
his adopted home. In the great battles of 
temperance he is one of the most famous 
and gifted leaders. In this field of labor 
he has a world wide reputation and has 
often been crowned with successful of- 
ficial honors. He is a Past Grand Tem- 
plar of the Order of Good Templars, an 
organization founded in Oneida county, 
and which has grown to adorn and bless 
the world. The unfortunate and ill ad- 
vised attack on Sheriff Wheeler was 
against his wishes and without his con- 
sent. It was the worst piece of political 
buffoonery we ever heard of and did him 
great Injustice. By its reaction the great 
and popular heart of the people was 
touched and the sympathetic hordes stam- 
peded against him, to the ranks of his 
competitor. 

IN OFFICE, 

In the canvas Sheriff Wheeler prom- 
ised the people a faithful discharge of his 
duty, and no man feels more sensitive 
about fulfilling a promise. We have been 
retained ty him as counsel and have full 
control of all civil and legal matters, and 
in no case has he shrunk from the perform- 
ance of any duty. Not a single instance 
can yet be recorded where his action has 
been disapproved by the courts. He has 
dared to do what others shrank from doing 
in the improvement of county buildings. 
The Sheriff's office was little more com- 
fortable than an old barn. He has repaired, 
rearranged and refitted it, so that now it 
is a credit to our great and prosperous 
county. Some of the court rooms were 
rickety and unhealthful. He has made 
them cheerful and pleasant. The jails 
were out of repair In many things; he has 
made them wholesome and homelike. In 
doing this work and making needed re- 
pairs his efforts were seconded and aided 
by the taste and tact of county committee- 
man, Hon. John Buckley, of the Board 
of Supervisors, Not like some official, 
with a fear of reduction In his own bills, 
but with a personal responsibility and 
promise to make good anything ordered 
that did not meet with the approval of the 
courts and Board of Supervisors, many 
bills were paid from his own pocket. But 
the work was a work of necessity and met 
with the grateful recognition of both the 
courts and the board. It was for human 
ity's and others' comfort, not his own. He 



took the risk of having his own bills cut, 
a feature much dreaded by some others, 
Oneida county may now feel proud of the 
condition of Its public buildings. 

THE EXECUTION OF JACKSON. 

One of the first and most painful of his 
duties was the hanging of Virgil Jackson 
for murder. It was one of the most quiet 
executions ever witnessed in Oneida 
county. No persons were allowed to wit- 
ness It out of morbid curiosity. The of- 
ficials and attendants required by law only 
were present. Such being the case every- 
thing passed off without flaw or commo- 
tion. The wishes and feelings of the pris- 
oner were carefully considered and noth> 
Ing done to irritate or annoy him. Most 
solemn Indeed was the occasion. Jackson 
was In full possession of all his faculties. 
His mind was clear and he fully compre- 
hended the situation. He listened with 
calm composure to the reading of the 
death warrant and marched to the scaffold 
more like a military chief than a man con- 
demned to die. Yet he fully realized his 
terrible fate. It was sad to see such a 
promising man fall the victim of his vile 
passions and reap the death penalty. As 
he passed to the goal of death, he cast his 
eyes heavenward to behold the great light 
of day shining In all his splendor. He 
spoke of his beauties and the pleasant fea- 
tures of the day. Then, taking his posi- 
tion on the platform, he listened to the 
solemn prayer to the Great Father of all 
for mercy and forgiveness, and In the al- 
most breathless silence that followed, he 
whispered an adieux to those he saw In his 
presence. He was then pinioned, veiled, 
the drop fell and his spirit was sent out In 
the realms of a vast eternity. He was 
gone from the world and gone forever, 
perhaps, as he thought, to a state of su- 
perior development, and perhaps to ever- 
lasting condemnation. His life on earth 
was wasted and in death he was poor In- 
deed. Nearly all his friends forsook him 
and ruin claimed him as her own. Not 
even a tomb awaited his remains. His 
ashes, like his soul, were condemned and 
refused admission to the consecrated 
ground In our cemetery. Finally they 
were deposited by a kind and forgiving 
sister In a peaceful rural grove to await the 
awakening of the judgment day, 

OTHER CASES, 

During Sheriff Wheeler's term thus far, 
there have been few capital cases and 
among them Is the Cibo murder case at 
Rome. Cibo Is an Italian, and shot and 



42 



killed one Gilson, while attempting to force 
bis (Cibo's) door in a state of intoxication. 
The language used was so offensive as to 
enrage Cibo and his family. He thought 
his life in danger and shot and killed the 
offender. There have been very few fel- 
onies, among them the Burton incest, the 
Crandall malpractice and the Hampton 
burglaries; also some important cases of 
misdemeanor, among them the great 
frauds on the Prudential Life Insurance 
Company by Alexander Laski and his ac- 
complices. But on the whole, crimes of the 
higher grades have diminished. There 
have been many misdemeanors of less de- 
grees and the jails and penitentiaries are 
kept well filled with common drunks and 
tramps — about one and the same thing. 
Wipe out this class of criminals and 
Oneida county would be quite free from 
crime. 

CIVIL CASES. 

Among the great civil cases were those 
arising from the sale of the property of 
George Clarke. There were grave ques- 
tions as to the rights of the respective 
creditors, and it became necessary to get 
an order of direction from the court as to 
the distribution of the surplus monies. 
Finally these were all settled without 
embarrassment to the Sheriff, and ap- 
parently with satisfaction to all parties in- 
terested. The distribution of this vast 
estate probably wipes out the last rem- 
nant of the feudal system in the Empire 
State. Clark seems to have inherited it from 
his ancestors and they from the British 
government. 

LOUIS WINEBURG. 

The case of Louis Wineburg is a novel 
one. Louis was a jeweler doing business 
in the old Grannis' Bank building. He 
failed and executions were placed in the 
Sheriff's hands. That official made a 
levy, an inventory was taken, and the 
property advertised for sale. But before 
the day of sale parties appeard from New 
Yort, and through Coroner Herbert G. 
Jones, seek to replevin some of the goods. 
No personal demand is made on the 
Sheriff or owner of the building. They 
attempt to talk with the Sheriff by tele- 
phone, but he cannot understand them 
and tells them to see him personally. But 
they decline and proceed to find his Under- 
sheriff and are admitted to the store. The 
main property cannot be found, they de- 
mand admission to the safe, ar d no one has 
the combmation. Locksmiths are pro- 
cured and they batter away at the vault 
all night. In the meantime the Sheriff ap- 



pears and forbids them and requests them 
to wait with a guard on the property until 
daybreak, when the combination can be 
procured. In the morning the Sheriff 
again appears with counsel and endeavors 
to persuade them to desist and wait for the 
combination. Finally the boy appears but 
the combination has been change d and will 
not work. For tif ty long and weary hours 
the work progresses before the iron doors 
finally yield to the heavy blows of the 
workman's hammer. At last they give 
away and what property is found is taken. 
The Sheriff bonds it back and all are now 
enjoying the luxury of a lawsuit. 

SOME OP THE QUESTIONS TO SETTLE. 

Were the executions in the Sheriff's 
hands valid? Was he in lawful posses- 
sion of the building? Was he bound to 
have the key to see his goods /phile stored, 
or the combination to a safe, or vault, or 
bank where he deposits things in the cus- 
tody of the law for safe keeping? Was 
the replevin process valid? Was the pre- 
tended demand by telephone authorized 
by law? Did the Sheriff refuse to give 
up the property? Were the papers made 
out in New York in advance of a demand 
and refused in due form of law? Can an 
innocent man's property be destroyed to 
get the goods without a demand and re- 
fusal from him to remove the obstruction? 
Can several parties in New York city as- 
sign accounts to one of their number and 
allow him to swear he owns the goods 
represented by the same? Such are the 
great complications in the affairs of 
Sheriff's duties. The courts alone can un- 
ravel them with the aid of good counsel. 

THE BLACK MAKIA. 

Another mucb needed and humane im- 
provement introduced by Sheriff Wheeler 
is the employment of the iail ambulance, 
called the Black Maria, for the conveyance 
of prisoners. Prior to its use, prisoners 
were dragged through the streets in irons 
and frequently in chained gangs. Some- 
times black and white, male and female 
boys and girls, the hardened in crime and 
the beginner, all mixed and mingled to- 
gether. Somp tattered and battered, some 
half clad, some iu rags, some intoxicated 
and loathsome in appearance. The moral 
effect was degrading and disgraceful. 
Often the people along the route begged to 
have them taken some other way, where 
their children would not be exposed to the 
degrading influence. The sight was ob- 
noxious, loathsome and most repulsive. 
What is there more disgusting to every 



43 



sense of decency thaH to see a blue coated 
officer of the law club in hand , dragging 
a drunken man or woman through our 
streets, foul with bad whisky and fouler 
tongue? These things were, but are no 
longer tolerated. The expense is no more 
than it was before. It is simply a question of 
who should be credited with the statutory 
fee, the police or the Sheriff. The system 
itself is right and proper. If the people 
tolerate these crimes from the abuse of 
liquor, they should not thrust the degraded 
presence of their victims in the face of de- 
cency and innocence. The tender feelings 
of little children should be guarded with 
zealous care. Another humane institution 
is the patrol wagon of the city and for the 
same reasons. Decency belongs to all 
things. It iH to be regretted that these 
things are made necessary, but such being 
the fact, lets keep the infamous from the 
innocent as much as possible. Bad men 
.sometimes creep into all trades, and more 
especially the saloon business. By their 
conduct in abusing their license they are 
bringing the whole system into disrepute. 
Aye, they are undermining the very pillars 
upon which rested the foundation of our 
free government. They seek to continue 
their existence through their political 
power. They bid defiance to law and 
order This is despotism, and in time will 
destroy them. There is a constantly grow- 
ing sentiment among the people, created 
by the crimes committed, and the appeals 
of the suffering victims in hospital and 
jail that will in time sweep the whole 
traffic from the earih. Despotism always 
oefeats itself. Civil liberty respects the 
rights of every American citizen alike. 
The people will not see it abused ; it cf st 
too much to rescue it from the desp(jtic 
emperors of Europe. To those who trifle 
within its sacred precincts we say, beware. 
Obey the law and respect this sacred in- 
stitution. If bad men are allowed to 
trample down the statutes, our safety, our 
protection is gone. The dignity of the 
law must be maintained to render life, 
property and liberty secure. Without the 
enforcement of law there can be no lib- 
erty but the liberty of the brute. Might 
will triumph over right when well en 
forced laws do not prevail. In an 
enlightened land like this, men 
should obey the golden precept of the 
Divine teacher, "Do unto others as ye 
would have them do unto you." If all 
truly felt this sentiment in their very hearts, 
Sheriffs would be little needed. Men 
would do nothing to degrade their fellow 
men, but all would unite in raising them 



up and making them better. But, as it is, 
an officer is needed to enforce the law, for 
in the present condition of things eternal 
vigilance alone is the price of liberty. 

CONCIjUSION. 

In these short sketches, made in the first 
instance for our own personal use, we have 
simply cited some of the most celebrated 
cases as they occurred under each adminis- 
tration. Our time and space was limited 
to a few columns per weeK. Some day 
we may again take up the pen in our leis- 
ure moments and try and sketch other 
things of historical value. Oneida county 
has a brilliant historical record, and is 
continually growing in population, influ 
ence and power. While in the towns 
many farms are being consolidated, in the 
large villages, and cities of Utica and 
Rome new and varied industries are con- 
stantly springing up with a call for more 
skilled men and laborers. Under these 
circumstances it is very essential that its 
highest executive officer should be a com- 
petent and exemplary man. In the Legin- 
ing we spoke of the origin and duties of 
the Sheriff's office. As the President 
rules the nation, and the Governor rules 
the State, the Sheriff rules the county. 
That is he is its highest executive officer. 
The officers of the law. the military and 
even the entire power of the people are 
subject to his command. Many times the 
duties are onerous and thankless. He has 
to act in conformity with complicated 
laws and every state of facts changes the 
condition of things. Hence he must be a 
man of sound judgment, discretion and 
thought. He cannot succeed himself, but 
must complete all the business of his term. 
All thing must be done fairly and without 
fraud, deceit or oppression. If he 
violates any trust, he is liable to the in- 
jured party. He must do no wrong, but 
always do right under severe penalties. 
A conviction for any offense forfeits the 
office. The Governor may remove for 
cause, and appoint a successor until the 
next general election. He can hold no 
other office. His bonds are $10,000 with 
a renewal of $10,000 more for each and 
every year in office, besides these he must 
give military bonds, and bonds for the ex- 
traordinary proceedings. We might com- 
ment for hours on these duties and quali 
fications, but for the purposes of these 
sketches it is unneccessary. On the whole, 
Oneida County has been governed by good 
Sheriffs. Most of them are gone and are 
now unknown, save as their acts appear on 
the old and fast fading books and records. 



44 



Some of these may be used as precedents 
for others to follow, and some serve only 
as light houses, warning their successors 
which way to go to avoid their errors. 
Such is the experience of life. 

"While writing these sketches we have 
received many kind words of commenda- 
tion from old residents who are now living 
over the days of their youth. Some have 
written and others have called at our office. 

HON. GEORGE GRAHAM. 

Among them may be mentioned our old 
and venerable friend, Hon. George Gra- 
ham of Oriskany. He is probably the 
oldest Deputy Sheriff in the shire. He has 
lived through the varied scenes and exper- 
iences of nearly four score years of the 
18th century. Yet his step is firm and his 
mind is clear and bright as ever. In our 
researches we have frequently found his 
name away back on the old court records 
as Deputy Sheriff, Grand Juror and 
Justice for the General Sessions. He was 
General Deputy under Col. David Moul- 
ton during the great McLeod trial, and had 
charge of the military patrol and independ- 
ent battery mounted to defend the jail 
and I Court House against the marauding 
bands of Canadian patriots. Whitestown 
at this time, was fortified and well guard- 
ed. He was Captain of the Guard. An 
armed force was encamped near by to 
rescue the prisoner from the civil authori- 
ties. These were foreigners from Canadian 
soil. Officers of the TJnited States were on 
hand to await their movements, and the 
military on the frontier was all out under 



the command of Maj. Gen. Scott. They 
were ready to march on Canada at a 
moment's notice, if England violated the 
rules governing such cases. Those were 
exciting times for Oneida county. Since 
those days, our esteemed friend has held 
many other positions of public trust. He 
was Supervisor for Whitestown many 
years and has been Member of Assembly 
and Sergeant at Arms of the State Senate. 
For years he was the companion and 
agreeable associate of Judge Pomeroy 
Jones, the historian of Oneida county. 
They sat together on the county Board of 
Excise for several terms and often con- 
versed about the annals and early Incidents 
of this once wild and almost pathless wild- 
ness. 

If we shall ever again take up the pen 
and search the records of our shire, we 
shall be pleased to relate some of the in- 
cidents and anecdotes remembered by 
the venerable and gifted Deputy Sheriff. 
But for the present, we must conclude our 
sketches and consign them to the archives 
of the Oneida County Historical Society. 
We fully realize that they have been like 
the records of all historical events, mingled 
with sorrow and gladness. Such is life. 

"There are smiles in the morning and tears at 
night. 

The wide world over. 
There are hopes in the morning and prayers at 
night 

For many a rover. 
There are tears unwept and songs unsung, 

And human anguish keen; 
And hopes and fears and smiles and tears. 

But the blessings fall between. 



-<F1NIS.I> 



NHtS;; 



'^x^^ 



O^A-t-K. fr+^ 



